United States v. Ronald Douglas Patillo

CRAVEN, Circuit Judge:

Ronald Douglas Patillo was convicted on two counts of threatening the life of the President of the United States in violation of 18 U.S.C. Section 8711 and was sentenced to terms totaling four years.2 He appeals, and we reverse and remand for a new trial.

I

The district judge, without a jury, found that Patillo made unlawful threats against President Nixon on two occasions while on duty as a security guard at the Norfolk Naval Shipyard. On the night of May 16, 1969, Patillo and another guard, Herbert N. Cherry, with whom he was only casually acquainted, were riding in a…