United States v. Walter Ralph Nusz

Walter Ralph Nusz appeals from a jury verdict convicting him of threatening, through the use of the telephone, to dynamite the building occupied by the Coronado National Forest Service, an agency of the United States government, and other property under the jurisdiction of Clyde Doran, Forest Service Supervisor, in violation of 18 U.S.C. § 844 (e).

Appellant challenges the trial court’s refusal to give two instructions on the ground that the evidence negatives his intention actually to carry out the threat. Appellant first argues that the trial court erred in refusing to give Defendant’s Requested Instruction No. 2: “Before a statement may be considered a threat, even though made vehemently, caustically or unpleasantly, it must be made without condition.” While it is true that conditional language may sometimes negative a threat, United States v. Powers, 420 F.2d 937 , 938 n. 1 (9th Cir. 1970), it does not follow that conditional language is always sufficient to do so. See United States v. Varani, 435 F.2d 758 (6th Cir. 1970); Roy v. United States, 416 F.2d 874 (9th Cir. 1969).

Appellant next argues that the trial court also erred in rejecting Defendant’s Requested Instruction…