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U.S. v. NICKLAS

No. 12-3028.

713 F.3d 435 (2013)

UNITED STATES of America, Plaintiff-Appellee v. David Eugene NICKLAS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 26, 2013.

Attorney(s) appearing for the Case

Angela Lorene Pitts , AFPD, Fayetteville, AR, for appellant.

Conner Eldridge , AUSA, Fort Smith, AR, for appellee.

Before RILEY, Chief Judge, BYE and BENTON, Circuit Judges.

BYE, Circuit Judge.

A jury found David Nicklas guilty of transmitting a facsimile communication containing a threat to injure in violation of 18 U.S.C. § 875(c). The district court1 sentenced Nicklas to forty-five months of imprisonment. Nicklas appeals his conviction raising three issues: (1) the district court erred when it allowed the government to redact the word "willfully" from the indictment in reference to Nicklas's state...

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