Galdi

United States v. Galdi

Good Law
97 F. App'x 146
United States Court of Appeals for the Ninth CircuitMay 13, 2004No. 03-50285California250 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Mimi Galdi appeals her dis *147 trict court conviction on two counts of sending threats through the mail in violation of 18 U.S.C. § 876 .

1. Defendant first contends that neither of the two letters that underlie her conviction contained true threats, but were instead “hyperbolic” or “rhetorical” expressions of anger, or else were too “ambiguous” to be true threats. On an independent review of the whole record, United States v. Hanna, 293 F.3d 1080, 1088 (9th Cir.2002), we hold that the February and March 2002 letters constituted true threats under § 876. A reasonable person would foresee that the statements - including statements that the victim’s budding will be bombed - would be interpreted by those to whom the maker communicates the statement as a serious expression of intent to harm or assault him. See Planned Parenthood of Columbia/Willamette, Inc. v. Am. Coalition of Life Activists, 290 F.3d 1058 , 1074 (9th Cir.2002) (en banc) (citing standards).

2. Defendant also argues that the evidence of her specific intent to threaten, when she drafted and mailed the letters, was insufficient. We disagree. Defendant testified at trial about the letters. She…

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