· 1/7/1999
United States v. Michael Francis
Citations
- 164 F.3d 120
- 1999 U.S. App. LEXIS 154
- 1999 WL 5312
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the government need not prove that a defendant intended his communication to be threatening”
- stating that “absent any express [statutory] reference to intent,” courts will “generally presume that proof only of ‘general’ rather than of ‘specific’ intent is required” to support conviction
- stating that “absent any express [statutory] reference to intent,” courts will “generally presume that proof only of ‘general’ rather than of ‘specific’ intent is required” to support conviction
- interpreting 18 U.S.C.A. § 875(c) (West 2000) in accord with precedents pertaining to § 871 and 18 U.S.C.A. § 879(a) (West Supp. 2002)
- “There is nothing in the language or legislative history of Section 875(c) suggesting that Congress intended it to be a specific-intent crime.”
- “Although the statute does not mention intent or willfulness, intent is of course an element of the crime.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Calabresi, Knapp
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.