United States v. Jonathan Joseph Lincoln

Jonathan Joseph Lincoln (Lincoln) was convicted of knowingly and willfully threatening the life of the President of the United States in violation of 18 U.S.C. § 871 . The charge arose from statements made in a letter dated September 24, 2001 that Lincoln attempted to mail while incarcerated at the Oregon State Penitentiary. The district court acknowledged that the letter itself was not a “true threat,” but determined that a true threat blossomed from the “context” in which the statements were made. Because we conclude that the contextual background did not transform Lincoln’s letter into a threat, we reverse Lincoln’s conviction.

I.

BACKGROUND

During his incarceration, Lincoln participated in anger management classes. The classes included a requirement that Lincoln write in a workbook. In March of 2001, prison officials contacted Special Agent Ronald Wampole and informed him that Lincoln had written statements in the workbook that threatened the life of President Bush. Approximately a month later, on April 4, 2001, Agent Wampole interviewed Lincoln at the prison. Agent Wampole testified that the purpose of the interview was to assess the degree of threat Lincoln posed to the…