Opinion · Court of Appeals for the Ninth Circuit

United States v. Norman Heinz Melendy

438 F.2d 531

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1971-03-05
Topic
general

PER CURIAM: The judgment of conviction for a threat on the life of the President of *532 the United States is affirmed. 18 U.S.C. § 871. The defendant, incarcerated at Lompoc, California, did not have much capacity to carry out his threat, but the threat is the crime. The defense was that defendant did not have the requisite intent for the crime. That was a question of fact which he lost.

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Cited by
7 opinions
UNITED STATES v. MELENDY,438 F.2d 531(9th Cir. 1971)
UNITED STATES of America, Plaintiff-Appellee, v. Norman Heinz MELENDY,
Appellant.
No. 26005.
United States Court of Appeals, Ninth Circuit.
March 5, 1971.
Appeal from the United States District Court for the Central District of California; Manuel L. Real, Judge.
Donald B. Marks, Los Angeles, Cal., for appellant.

Robert L. Meyer, U.S. Atty., David R. Nissen, Chief, Crim. Div., Tom G. Kontos, Asst. U.S. Atty., Los Angeles, Cal., for appellee.
Before CHAMBERS and TRASK, Circuit Judges, and FREY, District Judge.
PER CURIAM:
The judgment of conviction for a threat on the life of the President ofPage 532the United States is affirmed.18 U.S.C. § 871.

The defendant, incarcerated at Lompoc, California, did not have much capacity to carry out his threat, but the threat is the crime.

The defense was that defendant did not have the requisite intent for the crime. That was a question of fact which he lost.Page 533