United States v. Fenton

MEMORANDUM OPINION and ORDER

D. BROOKS SMITH, District Judge.

Donald Lee Fenton was tried before a jury and found guilty of violating 18 U.S.C. § 115(a)(1)(B), threatening a federal official. At the close of the government’s case, as well as at the conclusion of all the evidence, Fen-ton moved for a judgment of acquittal under Fed.R.Crim.P. 29, arguing that the evidence was insufficient to support his conviction. I deferred ruling on both motions. After careful consideration of the briefs and oral argument, I agree and will grant the motion. 1

I

Fenton’s conviction arises out of a heated…