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U.S. v. STOCK

No. 12-2914.

728 F.3d 287 (2013)

UNITED STATES of America v. Adrian Peter STOCK, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 26, 2013.

Attorney(s) appearing for the Case

Elisa A. Long, Esq. , (argued), Office of the Federal Public Defender, Pittsburgh, PA, for Appellant.

Rebecca R. Haywood, Esq. , Laura S. Irwin, Esq. , (argued), Office of the United States Attorney, Pittsburgh, PA, for Appellee.

Before: SMITH, FISHER and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

Adrian Peter Stock appeals from the District Court's order denying his motion to dismiss his indictment under Federal Rule of Criminal Procedure 12(b)(3)(B) for failure to state the offense of transmitting a threat in interstate commerce under 18 U.S.C. § 875(c). Stock argues that the term "threat" means the expression of an intent to inflict injury in the present or future, and that the statement attributed...

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