· 5/23/1990
United States v. Alfredo Orozco-Santillan
Citations
- 903 F.2d 1262
- 1990 U.S. App. LEXIS 8303
- 1990 WL 66604
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the following communication was a threat: “You m f_, you will pay for this” in the context of an earlier conditional threat at the time of arrest, “Take these handcuffs off and I’ll kick your f_ass.”
- concluding that the following communication was a threat: “You m f_, you will pay for this” in the context of an earlier conditional threat at the time of arrest, “Take these handcuffs off and I’ll kick your f_ass.”
- equating a \true threat\ with a situation \where a reasonable person would foresee that the listener will believe he will be subjected to physical violence upon his person....\
- “The fact that a threat is subtle does not make it less of a threat.” (citation and quotation marks omitted)
- \whether a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of intent to harm or assault\
- “Although a threat must be ‘distinguished from what is constitutionally protected speech,’ this is not a case involving statements with a political message.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Schroeder, Hall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.