United States v. Harland Lee Black

Bad Law
609 F.2d 1330·1979 U.S. App. LEXIS 9409
United States Court of Appeals for the Ninth CircuitDecember 26, 197978-3052California2,222 words

Opinion

Opinion

Solomon, J.

Appellant Harland Lee Black mailed threatening letters to two United States District Judges. He was charged in four counts with mailing these letters in violation of 18 U.S.C. § 876 . Black was convicted on all four counts. He appealed. We affirm.

In February 1973, Black was indicted on two counts of mailing threatening letters to District Judge Philip Wilkins and two counts of obstruction of justice. The letters were mailed when Black was serving a sentence on state convictions for robbery, assault with a deadly weapon, and kidnapping. Black entered a plea of not guilty to each count of the federal indictment.

In July 1973, Black mailed two other threatening letters to United States District Judge Edward Schwartz.

After a psychiatric examination, Black was found competent to stand trial. In November 1973, he and the United States Attorney entered into a plea agreement by which he agreed to plead guilty to one count of obstruction of justice and the United States Attorney agreed to dismiss the remaining counts in the indictment. The United States Attorney also agreed not to prosecute Black on the letters sent to Judge Schwartz. Based on this agreement Black entered a plea of…

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