Schipke

MEMORANDUM ***

Mary Schipke (“Schipke”) appeals her conviction for threatening the use of a *108 weapon of mass destruction in violation of 18 U.S.C. § 2332a(a)(S). The facts are known to the parties and need not be repeated here.

1. The district court did not err in its instruction to the jury on the intent requirement for a “true threat” under 18 U.S.C. § 2332a(a)(3). As Schipke had requested, the court’s “true threat” instruction focused on her subjective intent and incorporated the definition of a “true threat” from the Supreme Court’s decision in Virginia v. Black, 538 U.S. 343, 359-60 , 123 S.Ct. 1536 , 155 L.Ed.2d 535 (2003). Although the district court did not incorporate Schipke’s entire proposed instruction, she is not entitled to an instruction using precisely the words she wants as long as the instruction is legally correct. See United States v. Marks, 530 F.3d 799, 809 (9th Cir.2008) (citation omitted).

2. The government introduced sufficient evidence at trial that Schipke threatened to use a destructive device against property leased by the United States. See 18 U.S.C. § 2332a(a)(3). Several witnesses testified that Schipke threatened to detonate a bomb at the…