3statements, among others,I went home loaded in my truck and spend the past 3 hours lookingfor this douche with the expressed intent of crushing him in thatlittle piece of shit under cover gray impala hooking up my towchains and dragging his stupid ass down to creek hills and just
drowning him in the falls. but alas I can’t fine
[sic] that bastardanywhere . . . I really wish he would die, just like the rest of thesestupid fucking asshole cops. so J.K.P if you read this I hope you burn in hell. I only wish I could have been the one to send youthere.(Docket No. 1). Section 875(c) provides that
“[w]hoever transmits in interstate or foreign
commerce any communication containing any threat to kidnap any person or any threat to injurethe person of another, shall be fined under this title or imprisoned not more than five years, or
both.” 18 U.S.C
. § 875(c). The penalties for violating 18 U.S.C. § 875(c) include any or all of the following: a term of imprisonment of not more than five years; a term of supervised releaseof not more than three years; a fine of not more than $250,000; and, a mandatory specialassessment of $100. (Docket No. 2).
Relevant Procedural History
Defendant filed four pretrial motions on October 11 and 12, 2011,
including the pendingmotion to dismiss and motion to strike surplusage from the Indictment. (Docket Nos. 29, 30, 31,32). The Government filed a motion for extension of time, requesting a brief extension to
respond to the Defendant’s motions. (Docket No. 33). The Court granted the Government’s
motion. (Docket No. 34). Defendant responded by filing a motion to reconsider the brief extension afforded to the Government. (Docket No. 35). The Court denied the motion toreconsider after hearing argument from counsel during a telephone status conference on October 26, 2011. (Docket Nos. 36, 37). The Court also scheduled a motion hearing on the pretrial
The Court notes that Defendant’s pretrial motions were due on October 11, 2011. (Docket No. 25). But,
three of his pretrial motions were untimely filed between 12:02 a.m. and 12:22 a.m. on October 12, 2011. (Docket
Nos. 30, 31, 32). Despite the untimeliness of same, the Court considered all of Defendant’s pretrial motions.
Case 2:11-cr-00182-NBF Document 55 Filed 01/23/12 Page 3 of 25