United States v. Gilbert Weber

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilbert WEBER, Defendant-Appellant. No. 92-50325. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 1, 1993. Decided Oct. 1, 1993. Before: TANG, CANBY AND BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Gilbert Weber challenges his conviction on three counts of threatening the President under 18 U.S.C. § 871 (a). Weber claims that there was insufficient evidence to support his conviction. Weber also contends that the jury instruction on the reasonable person standard as well as evidentiary rulings constituted error. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 * Whether a given form of written expression constitutes a true "threat" under § 871(a) is ordinarily a question for the trier of fact under all of the circumstances. Roy v. United States, 416 F.2d 874, 877-78 (9th Cir.1969). 4 When reviewing the sufficiency of…