United States v. Norman Ralph Henderson
Opinion
Opinion
Boochever, J.
Norman Ralph Henderson appeals his conviction for mailing a threatening communication, in violation of 18 U.S.C. § 876 . Henderson argues that the district court should have dismissed his indictment because the indictment did not allege that he wrote the threatening letter. Since 18 U.S.C. § 876 does not require that the defendant write the threatening communication, we affirm his conviction.
BACKGROUND
On March 9, 1990, a woman with the initials of C.D. received an anonymous letter through the mail threatening her with physical harm. The letter threatened in vulgar terms to mutilate and to kill her. C.D. turned over the letter to the Federal Bureau of Investigation (F.B.I.). The F.B.I. found Henderson’s fingerprints on the letter and the envelope. At the time Henderson was indicted, the authorship of the letter was unknown. Subsequently, however, the F.B.I. determined that the handwriting on the letter was Henderson’s.
On August 28,1990, a federal grand jury indicted Henderson for mailing a threatening communication, in violation of 18 U.S.C. § 876 . Henderson moved to dismiss the indictment, alleging that it failed to charge an essential element, namely, that he had written…