United States v. Terry Steward

MEMORANDUM

Steward was convicted of four counts of threatening a federal judge, in violation of 18 U.S.C. § 115 (a)(1)(B). Steward claims that his statements did not constitute a true threat; that the district court should have disqualified his counsel and substituted new counsel; that the district coui’t erred in admitting unduly prejudicial evidence; that the district court failed to make the proper findings at sentencing to require psychotropic medication as a eondition of supervised release; that the supervised release condition that Steward be placed in a residential reentry center was not reasonably related to the 18 U.S.C. § 3553 factors; and that Steward’s term of supervised release should be reduced for excess time served in custody. We affirm.

Because Steward moved for acquittal at trial, we review de novo the sufficiency of the evidence. United States v. Stewart, 420 F.3d. 1007, 1014 (9th Cir.2005). If there is sufficient evidence to support the verdict, we review de novo whether the communication at issue constitutes a “true threat.” Id. at 1015 ; Planned Parenthood of Columbia/Willamette, Inc. v. Am. Coal. of Life Activists, 290 F.3d 1058 , 1070 (9th Cir.2002). The…