RICHARD C. JONES v. UNITED STATES

In arguing that attempted threats is not a valid crime in the District, Mr. Jones relies on the Supreme Court’s decision in Braxton v. United States, 500 U.S. 344, 111 S.Ct. 1854, 114 L.Ed.2d 385 (1991), which stated that the elements “for an ‘attempt’ at common law ... include a specific intent to commit the unlawful act.” Id. at 351 n. *, 111 S.Ct. 1854 (citing *133Morissette v. United States, 342 U.S. 246, 263, 72 S.Ct. 240, 96 L.Ed. 288 (1952)). I write separately to make note of an inconsistency in our case law regarding the extent to which this common law proposition applies in the District…