Stewart

FACTS

Robert D. Stewart, Jr. appeals his convictions and sentence for threatening to murder a federal judge (Count 1), soliciting the murder of a federal judge (Count 4), and making material false statements to government agents investigating the threats and solicitation (Counts 2 and 3).1 At trial, the Govern- ment elicited the following testimony: 1 Count 1 alleged Stewart threatened to murder U.S. District Judge Ros- lyn O. Silver, in violation of 18 U.S.C. § 115(a)(1)(B). Counts 2 and 3 11216 UNITED STATES v. STEWART Informant August Weiss, an inmate at an Arizona federal prison where Stewart was also incarcerated,2 approached Spe- cial Investigative Agent Forrest Barton, who was stationed at the prison. Weiss told Agent Barton “there was an older inmate named Rob in his unit that was making some plans to hurt some federal officials.” Agent Barton and Federal Bureau of Investigation (“FBI”) Special Agent Mike Gallante met with Weiss; Weiss identified “Rob” as Stewart.

Shortly after Stewart’s arrival at the prison, Stewart stated to Weiss that “[FBI] agents should be like strung up on light posts.” Weiss asked him if he was serious, and Stewart responded,…