United States v. Gino Turrella

MEMORANDUM

Gino Augustus Turrella appeals from his conviction of transmitting in interstate commerce a communication containing a threat to injure another person, in violation of 18 U.S.C. § 875 (c), the use without lawful authority of the identification of another person, contrary to 18 U.S.C. § 1028 (a)(7) and (c)(8)(A), with the intention to commit a violation of § 875(c), as well as the possession of .45 caliber pistols in furtherance of the violation of § 875(c) under 18 U.S.C. § 924 (c)(l)(A)(i). Accordingly, at Turrella’s trial, the jury was required to determine, from the totality of the circumstances, whether it was persuaded beyond a reasonable doubt that Turrella used another person’s identity to threaten his alleged victims with violence.

The jury found that Turrella communicated threats of violence using another person’s identity. The jury also found that Turrella possessed firearms in furtherance of the threats he made while using another person’s identity. Turrella has not appealed from his conviction of violations of § 875(c) or § 1028(a)(7) and (c)(3)(A). Therefore the only issue in this appeal is whether the prosecution presented sufficient evidence to persuade…