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· 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 CourtListener

Sourced 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.