United States v. Robert Cook

MEMORANDUM

Robert Cook appeals his conviction of two counts of making interstate threats in violation of 18 U.S.C. § 875 (c) and one count of interstate stalking in violation of 18 U.S.C. § 2261A(2)(A). We have jurisdiction under 28 U.S.C. § 1291 and affirm in part and reverse in part.

1. We affirm Cook’s convictions on Counts 1 and 2 for making interstate threats in violation of 18 U.S.C. § 875 (c). First, there was sufficient evidence to support the jury’s verdict on those counts. The text of the phone messages (“it’s going to get bloody”), their first-person nature (“You’re going to pay for the pain you’re putting me through.”), their menacing tone, and their context (Cook’s repeated calls and his probation officer telling him to stop) were sufficient for a finding that both threats were “true,” that is, that Cook intended them to be perceived as threats. See United States v. Bagdasarian, 652 F.3d 1113, 1122-23 (9th Cir.2011). The same evidence also supports a finding that both threats were “true” under the objective standard. See id. at 1119-22 . Second, any mistake by the district court in articulating the elements of a threat when it ruled on Cook’s Rule 29 motion is…