United States v. Gothard
Docket: No. 01-30214; D.C. No. CR-00-02171-RHW
Court: Court of Appeals for the Ninth Circuit; March 21, 2002; Federal Appellate Court
Lajos Gothard appeals his conviction for threatening U.S. Magistrate Lonny Suko under 18 U.S.C. § 115(a)(1)(B). The court has jurisdiction under 28 U.S.C. § 1291 and reviews the evidence in the light most favorable to the prosecution, determining if a reasonable fact-finder could establish the elements of the crime beyond a reasonable doubt. The court affirms the conviction. Gothard contends that the evidence was insufficient to constitute a "threat." A statement qualifies as a threat if a reasonable person would interpret it as a serious intention to cause harm. The requirement for intent is that the speaker must knowingly communicate the threat, without needing the ability or intent to execute it. The jury could reasonably interpret Gothard’s letter to Judge Suko, instructing him to prepare his "last will and testament," as a serious expression of intent to harm. Gothard also challenges the government’s proof of Judge Suko's status as a federal judge and his intent to threaten someone in that role. Judge Suko's testimony sufficiently established his status as a federal judge, meeting the burden of proof beyond a reasonable doubt that Gothard’s letter was directed to him in his official capacity. The court affirms the conviction, noting that the disposition is not for publication and cannot be cited except as allowed by Ninth Circuit Rule 36-3. Gothard's submitted documents are accepted for filing.