United States v. Keith Richard Kerna

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Keith Richard KERNA, Defendant-Appellant. No. 92-50739. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided July 8, 1994. 1 Before: FLETCHER, PREGERSON and NORRIS, Circuit Judges 2 MEMORANDUM * 3 Keith Richard Kerna appeals his conviction on two counts of threatening the Vice President in violation of 18 U.S.C. Sec. 871 (a). He contends that the trial court erred (1) in denying his motion for acquittal under Fed.R.Crim.P. 29; and (2) in denying his motion to dismiss one count of the indictment as multiplicitous. The district court had jurisdiction under 18 U.S.C. Sec. 3231 . We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. BACKGROUND 4 On March 10, 1992, Kerna called the White House on a public access line and made certain remarks concerning Vice President Quayle. The White House telephone operator, Linda Knight,…