United States v. Charles Redden

MEMORANDUM

Charles Redden appeals from a judgment of conviction after a jury found him guilty of three counts of Mailing Threatening Communications, in violation of 18 U.S.C. § 876 (c), and one count of Tampering with a Witness, in violation of 18 U.S.C. § 1512 (a)(2). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Redden raises one issue on appeal: whether the district court abused its discretion by admitting at trial a redacted letter that did not form part of the superseding indictment (“the Deputy Tustin letter”) over his Rule 408 and Rule 404(b) objections. See Fed.R.Evid. 403; 404(b).

‘Whoever knowingly ... deposits [in any post office or authorized depository for mail matter] or causes to be delivered [by the Postal Service] any communication ... addressed to any other person and containing any threat to ... injure the person of the addressee or of another,” has committed a violation of § 876(c). “Whoever uses ... the threat of physical force against any person, ... with intent to ... influence, delay, or prevent the testimony of any person in an official proceeding,” has committed a violation of § 1512(a)(2). The evidence was undisputed that Redden wrote to…