United States V. Deandino

CONTIE, Senior Circuit Judge. The appellant, the United States of America, contests the district court's dismissal of the indictment as insufficient. The indictment alleged that appellee, Jean Pierre DeAndino, violated 18 U.S.C. § 875(c) because he "did knowingly and willfully transmit in interstate commerce . . . a communication containing a threat to injure." For the following reasons, we reverse the decision of the district court and find that the indictment is sufficient.