Pangelinan

MEMORANDUM ***

John S. Pangelinan appeals his jury conviction of two counts of obstruction of a court order, in violation of 18 U.S.C. § 1509 , arising out of his use of threats to interfere with a court order. We have jurisdiction pursuant to 28 U.S.C. § 1291 , reverse Pangelinan’s conviction on Count 1, but otherwise affirm. Because the facts and procedural history are familiar to the parties, we repeat them here only as necessary.

First, the evidence was insufficient to support Pangelinan’s conviction under § 1509 on Count 1. Pangelinan’s June 1, 2006, letter contains no language which any rational trier of fact could reasonably find expressed or implied a threat of physical or unlawful harm to person or property. United, States v. Stewart, 420 F.3d 1007, 1016-17 (9th Cir.2005). We therefore REVERSE Pangelinan’s conviction on Count 1. The evidence, however, is sufficient to affirm Pangelinan’s conviction on Count 2. Pangelinan’s June 19, 2006, letter contains language which a rational trier of fact could find expressed a threat of physical harm to person or property. Id.

We reject each of Pangelinan’s remaining claims. The district court’s taking judicial notice of…