Cedeño-Camargo

MEMORANDUM **

Appellant Jose Alejandro Cedeño-Camargo (“Cedeño”) was convicted by a jury of violating 18 U.S.C. § 876 , which prohibits the mailing of a communication containing a threat to injure. Cedeño appeals from the district court’s denial of his Motion for Judgment of Acquittal. We affirm.

The facts of this case are known to the parties and we restate them here only as necessary. Attorney Julie Duvall represented Cedeño on two separate occasions, in 1996 and 1998, after he was arrested and charged with illegal reentry after deportation. Cedeño was arrested a third time in 1999, and called Duvall to ask her to represent him. She refused, and later refused Cedeño’s requests to borrow money. In March, 2000, Cedeño began calling Duvall repeatedly, up to twenty-five times a day, as well as sending letters stating that he would report her to judges and to the Arizona Bar Association. From July 2001, Cedeño’s phone calls and mailings included sexually explicit statements and materials, including pornographic pictures and statements about sexual acts Cedeño said he would commit on, or with, Duvall.

The mailing which was the subject of the indictment in this case was sent on…