United States v. Eric Lopez

MEMORANDUM

Eric Anthony Lopez (“Lopez”) appeals from his jury conviction for knowingly causing to be delivered a communication containing a threat to injure, in violation of 18 U.S.C. § 876 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the history of the case, we will not recount it here.

I

Lopez contends that the district court erroneously denied his pretrial motion to dismiss in which he argued that the indictment was fatally deficient because the indictment failed to allege specific intent. We review the sufficiency of an indictment de novo. United States v. Awad, 551 F.3d 930, 935 (9th Cir.2009).

“An indictment is sufficient if it contains the elements of the charged crime in adequate detail to inform the defendant of the charge and to enable him to plead double jeopardy.” Awad, 551 F.3d at 935 (internal quotation marks omitted). “[A]n indictment’s complete failure to recite an essential element of the charged offense is ... a fatal flaw requiring dismissal of the indictment.” United States v. Du Bo, 186 F.3d 1177, 1179 (9th Cir.1999). Whereas, “challenges to minor or technical deficiencies, even where the…