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United States v. Kammersell

196 F.3d 1137 (1999)

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United States v. Kammersell

United States Court of Appeals for the Tenth Circuit
196 F.3d 1137 (1999)

AR

Facts

Matthew Kammersell (defendant) used his computer to send a bomb threat via AOL instant messenger to his girlfriend in hopes that she could leave work early for a date. Both Kammersell and his girlfriend were in Utah, but every message sent through AOL instant messenger was transmitted from the message’s state of origin to AOL’s main server in Virginia before going to its final destination. The transmission pattern was the same whether it was an email or instant message. Kammersell pleaded conditionally guilty to transmitting a threatening communication in interstate commerce in violation of federal law. Kammersell appealed to the United States Court of Appeals for the Tenth Circuit, arguing that federal jurisdiction did not exist, because both he and his girlfriend were in the same state when the transmission occurred.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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