United States v. Mark George Somes

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mark George SOMES, Defendant-Appellant. No. 91-50502. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1992. * Decided July 20, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Mark Somes' letters constituted a "true threat" if a reasonable person would foresee that the letters would be interpreted by the recipient "as a serious expression of intent to harm or assault." United States v. Orozco-Santillan, 903 F.2d 1262, 1265 (9th Cir.1990). True threats are not protected by the First Amendment. United States v. Merrill, 746 F.2d 458, 462 (9th Cir.1984). Whether a letter constitutes a true threat is normally a question for the trier of fact. Id. To determine whether a defendant made a true threat, we must examine the factual context of the statements. See e.g., United States v. Mitchell, 812 F.2d 1250, 1255 (9th Cir.1987)…