United States v. Jerome T. Schiefen, 139 F.3d 638 (8th Cir. 1998). · Go Syfert
United States v. Jerome T. Schiefen, 139 F.3d 638 (8th Cir. 1998). Cases Citing This Book View Copy Cite
18 citation events (17 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Hunt (ca2, 2023-09-20)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Hunt
2d Cir. · 2023 · confidence medium
See United States v. Jeffries, 692 F.3d 473, 481 (6th Cir. 2012) (deferring to jury, but not explicitly discussing constitutional fact doctrine); United States v. Parr, 545 F.3d 491, 497 (7th Cir. 2008) (same); United States v. Schiefen, 139 F.3d 638, 639 (8th Cir. 1998) (same). 9 No. 21-3020 Distinguishing questions that implicate legal principles, to which the constitutional fact doctrine applies, from ordinary questions of fact, to which it does not, hinges on “the nature of the substantive law at issue.” Bose, 466 U.S. at 501 n.17.
discussed Cited as authority (rule) People of Michigan v. David Joseph Lenio
Mich. Ct. App. · 2019 · confidence medium
Under the speaker-oriented standard for determining whether a threat is a true threat, a statement is a “true threat” if “a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of intent to harm or assault.” United States v Schiefen, 139 F3d 638, 639 (CA 8, 1998) (quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Wheeler
10th Cir. · 2015 · confidence medium
See United States v. Jeffries, 692 F.3d 473, 481 (6th Cir.2012); United States v. Parr, 545 F.3d 491, 497 (7th Cir.2008); United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998); see also United States v. Turner, 720 F.3d 411, 419 (2d Cir.2013) (noting uncertainty in the doctrine’s application to true threat cases).
cited Cited as authority (rule) United States v. Floyd
1st Cir. · 2014 · confidence medium
See United States v. Walls, 546 F.3d 728, 740 (6th Cir.2008); United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998) (per curiam).
discussed Cited as authority (rule) United States v. Casteel
S.D. Iowa · 2010 · confidence medium
“Whether a particular statement may properly be considered to be a threat is governed by an objective standard — whether a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of intent to harm or assault.” United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998) (internal citations and quotations omitted, interpreting the meaning of threat within mostly the context of 18 U.S.C. § 115 , which proscribes threatening various federal officials).
discussed Cited as authority (rule) United States v. Robert D. Stewart, Jr., AKA Robert Wilson Stewart, Bob Stewart
9th Cir. · 2005 · signal: cf. · confidence medium
See Orozco-Santillan, 903 F.2d at 1265-66 (affirming the defendant’s conviction under 18 U.S.C. § 115 (a)(1)(B) for threatening a federal agent where, after the agent arrested the defendant, the defendant stated he would “kick” the agent’s “fucking ass,” urged the agent to “box” with him, cursed at the agent, and pushed him); cf. United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998) (affirming the defendant’s section 115(a)(1)(B) conviction for mailing to a U.S. district judge a letter stating a judgment of foreclosure was treasonous, and that “TREASON by law, is pun…
discussed Cited as authority (rule) United States v. Stewart
9th Cir. · 2005 · confidence medium
UNITED STATES v. STEWART 11231 United States v. Schiefen, 139 F.3d 638, 639 (8th Cir. 1998) (affirming the defendant’s section 115(a)(1)(B) conviction for mailing to a U.S. district judge a letter stating a judgment of foreclosure was treasonous, and that “TREASON by law, is punishable by the DEATH PENALTY”; the court held the statements were “true threats” because a reasonable person would perceive the statements as threats).
discussed Cited as authority (rule) United States v. Bell
S.D. Iowa · 2002 · confidence medium
I have no fear of those inferior saps.” “Under 18 U.S.C. § 115 (a)(1)(B), the key is ‘whether the defendant intentionally communicated the threat ... not that the threat was credible or could be immediately carried out.’ ” United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998) (citation omitted).
discussed Cited as authority (rule) United States v. Peter Saunders
7th Cir. · 1999 · confidence medium
Those cases holding that the test should be an objective speaker-based one include United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998) (per curiam) (concluding that a reasonable person would foresee that the recipient judge would perceive the language as a threat); United States v. Fulmer, 108 F.3d 1486, 1491-92 (1st Cir.1997) (discussing the two standards, collecting cases, concluding that “the appropriate focus is on what the defendant reasonably should have foreseen”); United States v. Orozco-Santillan, 903 F.2d 1262, 1265 (9th Cir.1990) (following speaker-based test); and Unite…
discussed Cited "see" United States v. Walls
6th Cir. · 2008 · signal: see · confidence high
See United States v. Schiefen, 139 F.3d 638, 639 (8th Cir.1998) (holding that “the Federal Register notice requirements do not apply to federal criminal statutes”) (citing 44 U.S.C. § 1505 (a) and 5 U.S.C. §§ 551 (1)(A) (excluding Congress from the definition of agency) and 552 (stating what materials agencies must publish)).
discussed Cited "see" United States v. Walls
6th Cir. · 2008 · signal: see · confidence high
See United States v. Schiefen, 139 F.3d 638, 639 (8th Cir. 1998) (holding that “the Federal Register notice requirements do not apply to federal criminal statutes”) (citing 44 U.S.C. § 1505 (a) and 5 U.S.C. §§ 551 (1)(A) (excluding Congress from the definition of agency) and 552 (stating what materials agencies must publish)).
discussed Cited "see, e.g." State v. Johnston
Wash. · 2006 · signal: compare · confidence low
Kilburn, 151 Wash.2d at 45 n. 3, 84 P.3d 1215 ; compare, e.g., United States v. Schiefen, 139 F.3d 638 (8th Cir.1998) (speaker-based standard); United States v. Orozco-Santillan, 903 F.2d 1262 (9th Cir.1990) (speaker-based standard); with, e.g., United States v. Alaboud, 347 F.3d 1293 (11th Cir.2003) (listener-based standard); see generally Jennifer E.
discussed Cited "see, e.g." State v. Johnston
Wash. · 2006 · signal: compare · confidence low
Kilburn, 151 Wn.2d at 45 n.3; compare, e.g., United States v. Schiefen, 139 F.3d 638 (8th Cir. 1998) (speaker-based standard); United States v. Orozco-Santillan, 903 F.2d 1262 (9th Cir. 1990) (speaker-based standard) with, e.g., United States v. Alaboud, 347 F.3d 1293 (11th Cir. 2003) (listener-based standard); see generally Jennifer E.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Jerome T. SCHIEFEN, Appellant
96-3659.
Court of Appeals for the Eighth Circuit.
Mar 20, 1998.
139 F.3d 638
1998 U.S. App. LEXIS 5278
1998 WL 122327
Appellant was not represented by counsel., Gregg S. Peterman, Assistant U.S. Attorney, Sioux Falls, SD, argued, for Appellee.
Memillian, Loken, Murphy.
Cited by 17 opinions  |  Published
PER CURIAM.

Jerome T. Sehiefen appeals from his conviction and 56-month sentence imposed by the United States District Court [1] for the District of South Dakota, after a jury convicted him of threatening a federal district court judge, in violation of 18 U.S.C. § 115, and of obstructing justice, in violation of 18 U.S.C. § 1503. For the reasons discussed below, we affirm.

In December 1995, Sehiefen mailed to the home of a United States district judge a letter stating that a judgment of foreclosure the judge had entered against Sehiefen was “unconstitutional ... and invalid as it is signed by a Foreign Agent,” that Sehiefen would do “Whatever is done through necessity is done without any intention; and the agent is not legally responsible”; and that the judge “should know what the punishment for treason is after the finding of the supreme Court.” Attached to the letter was a Public Notice of Treason, which stated in part that “TREASON by law, is punishable by the DEATH PENALTY:’

Sehiefen was charged with obstructing justice and threatening a federal official. Sehiefen filed several motions objecting to jurisdiction and venue in the United States District Court for the District of South Dakota, which the district court denied. After a two-day trial, the jury returned a guilty verdict on both counts. The district court sentenced Sehiefen to 56 months imprisonment and 3 years of supervised release, fined him $10,000, and ordered him to pay his court-appointed attorney.

Schiefen’s venue and jurisdiction arguments are without merit. Because the federal district court has exclusive jurisdiction over federal crimes, see 18 U.S.C. § 3231, and the alleged conduct occurred in South Dakota, see Fed.R.Crim.P. 18, jurisdiction and venue were proper in the United States District Court for the District of South Dakota. Sehiefen’s argument that Article I, Section 8, Clause 17 of the Constitution sets forth the exclusive parameters of the federal court’s jurisdiction is meritless. In addition, the Federal Register notice requirements do not apply to federal criminal statutes. See 44 U.S.C. § 1505(a) (matters to be published in Federal Register); 5 U.S.C. §§ 551(1)(A) (Congress excluded from definition of agency), 552 (material agencies must publish).

Sehiefen argues there was insufficient evidence to support the verdict. In reviewing that argument, we must affirm if “ ‘the evidence adduced at trial could support any rational determination of guilt beyond a reasonable doubt.’ ” United States v. McKinney, 88 F.3d 551, 555 (8th Cir.1996) (quoted case omitted). Under 18 U.S.C. § 115(a)(1)(B), the key is “whether the defendant intentionally communicated the threat ... not that the threat was credible or could be immediately carried out.” United States v. Stevenson, 126 F.3d 662, 664 (5th Cir.1997). “Whether a particular statement may properly be considered to be a threat is governed by an objective standard — whether a reasonable person would foresee that the statement would' be interpreted by those to whom the maker communicates the statement as a serious expression of intent to harm or assault.” United States v. Orozco-Santillan, 903 F.2d 1262, 1265 (9th Cir.1990).

Upon our review of the record, including the trial transcript, we conclude that there was sufficient evidence presented showing Sehiefen intentionally mailed the letter, and that the jury could conclude that under the circumstances a reasonable person would foresee that the district judge would— as he testified at trial he did — perceive the language as a threat. The jury’s verdict is thus supported by the evidence.

Schiefen’s other arguments on appeal are without merit and do not warrant further discussion. We deny all of Schiefen’s outstanding motions on appeal.

[*640] Accordingly, we affirm the judgment of the district court.

1

. The Honorable John B. Jones, United States District Judge for the District of South Dakota.