United States v. Clemens

LYNCH, Chief Judge.

We are invited in this case to change our circuit law on the type of intent needed by a defendant to communicate “true threats” under 18 U.S.C. § 875(c). We note there is a circuit split on the question of intent in the aftermath of Virginia v. Black, 538 U.S. 343, 123 S.Ct. 1536, 155 L.Ed.2d 535 (2003). The issue was not raised before the trial court, and on plain error review we see no reason to depart from this circuit’s law that an objective test of defendant’s intent is used from the defendant’s vantage point- under § 875(c). United States v. Whiffen, 121 F.3d 18, 21…