United States v. Donald Vincent Callahan, 702 F.2d 964 (11th Cir. 1983). · Go Syfert
United States v. Donald Vincent Callahan, 702 F.2d 964 (11th Cir. 1983). Cases Citing This Book View Copy Cite
“it is essential that reagan and bush are assassinated on inauguration day_ if can arrange for me to get into the act, i will be willing to accept the responsibility.”
72 citation events (47 in the last 25 years) across 22 distinct courts.
Strongest positive: United States v. Rigoberto Martinez (ca11, 2025-10-03)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Rigoberto Martinez (2×)
11th Cir. · 2025 · signal: see · quote attribution · 2 verbatim quotes · confidence high
that the letter con- tains certain political and religious statements does not serve to re- move it from the prohibition of the statute.
examined Cited as authority (verbatim quote) United States v. Louis A. Kosma (4×) also: Cited as authority (rule)
3rd Cir. · 1991 · quote attribution · 1 verbatim quote · confidence high
it is essential that reagan and bush are assassinated on inauguration day_ if can arrange for me to get into the act, i will be willing to accept the responsibility.
cited Cited as authority (rule) State v. Taylor
N.C. · 2021 · signal: cf. · confidence medium
Cf. United States v. Callahan, 702 F.2d 964, 966 (11th Cir. 1983).
cited Cited as authority (rule) State v. Taylor
N.C. · 2021 · signal: cf. · confidence medium
Cf. United States v. Callahan, 702 F.2d 964, 966 (11th Cir. 1983).
discussed Cited as authority (rule) Mark Richard Hillstrom v. United States
11th Cir. · 2019 · confidence medium
We assume, but do not decide, that the new rule announced in Elonis is retroactive to convictions that are already final because it appears to be the kind of 2 Before Elonis, our Circuit had required only objective intent under § 875(c): that “a reasonable person would construe [the communication] as a serious expression of an intention to inflict bodily harm.” United States v. Alaboud, 347 F.3d 1293, 1297 (11th Cir. 2003) (quoting United States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983)). 5 Case: 18-10079 Date Filed: 01/17/2019 Page: 6 of 7 substantive rule that “narrow[s] the sco…
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. QUIASIA N. CARROLL (W-2018-005075-0408, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
N.J. Super. Ct. App. Div. · 2018 · confidence medium
A-0152-18T6 19 347 F.3d 1293, 1296-97 (11th Cir. 2003) (quoting United States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983)), overruled on other grounds by United States v. Martinez, 800 F.3d 1293 (11th Cir. 2015) (per curiam).
discussed Cited as authority (rule) United States v. Anthony Elonis
3rd Cir. · 2013 · confidence medium
See, e.g., United States v. Whiffen, 121 F.3d 18, 20-21 (1st Cir.1997); United States v. Francis, 164 F.3d 120, 122 (2d Cir.1999); United States v. Darby, 37 F.3d 1059, 1066 (4th Cir.1994); United States v. Myers, 104 F.3d 76, 80-81 (5th Cir.1997); United States v. DeAndino, 958 F.2d 146, 148 (6th Cir. 1992); United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir.1990); United States v. Manning, 923 F.2d 83, 86 (8th Cir.1991); United States v. Hart, 457 F.2d 1087, 1091 (10th Cir. 1972); United States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983); Metz v. Dep’t of Treasury, 780 F.2d 1001,…
discussed Cited as authority (rule) United States v. Franklin Jeffries, II
6th Cir. · 2012 · confidence medium
See United States v. Mabie, 663 F.3d 322, 332 (8th Cir.2011); United States v. Welch, 745 F.2d 614, 619 (10th Cir.1984); United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983) (per curiam); Metz v. Dep’t of Treasury, 780 F.2d 1001, 1002 (Fed.Cir.1986).
discussed Cited as authority (rule) United States v. Franklin Jeffries, II
6th Cir. · 2012 · confidence medium
See United States v. Mabie, 663 F.3d 322, 332 (8th Cir. 2011); United States v. Welch, 745 F.2d 614, 619 (10th Cir. 1984); United States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983) (per curiam); Metz v. Dep’t of Treasury, 780 F.2d 1001, 1002 (Fed.
discussed Cited as authority (rule) Abbott v. State
Md. Ct. Spec. App. · 2010 · confidence medium
Howell, supra, 719 F.2d at 1260 (hospital patient’s statement that, if released, he would kill the President was a true threat); Callahan, supra, 702 F.2d at 965 (letter to the Secret Service offering to kill the President if the Secret Service made proper arrangements at the President’s inauguration constituted a true threat).
discussed Cited as authority (rule) United States v. Timothy Wade Pinkston
11th Cir. · 2009 · confidence medium
In order to convict a person for threatening the President, the government must prove beyond a reasonable doubt that the defendant’s statements were a knowing and willful threat to the President. 18 U.S.C. § 871 (a); United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983).
discussed Cited as authority (rule) United States v. Charles E. Fuller
7th Cir. · 2004 · confidence medium
See United States v. Fulmer, 108 F.3d 1486, 1491 (1st Cir.1997); United States v. Johnson, 14 F.3d 766, 768 (2d Cir.1994); United States v. Kosma, 951 F.2d 549, 557 (3d Cir.1991); United States v. Manning, 923 F.2d 83, 85 (8th Cir.1991); United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983); United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982); United States v. Hart, 457 F.2d 1087, 1090-91 (10th Cir. 1972); Roy v. United States, 416 F.2d 874, 877-78 (9th Cir.1969).
discussed Cited as authority (rule) United States v. Fuller, Charles
7th Cir. · 2004 · confidence medium
See United States v. Fulmer, 108 F.3d 1486, 1491 (1st Cir. 1997); United States v. Johnson, 14 F.3d 766, 768 (2d Cir. 1994); United States v. Kosma, 951 F.2d 549, 557 (3d Cir. 1991); United States v. Manning, 923 F.2d 83, 85 (8th Cir. 1991); United States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983); United States v. Vincent, 681 F.2d 462, 464 (6th Cir. 1982); United States v. Hart, 457 F.2d 1087, 1090-91 (10th Cir. 1972); Roy v. United States, 416 F.2d 874, 877-78 (9th Cir. 1969).
discussed Cited as authority (rule) United States v. Carmichael
M.D. Ala. · 2004 · confidence medium
Watts v. United States, 394 U.S. 705, 707 , 89 S.Ct. 1399, 1401 , 22 L.Ed.2d 664 (1969) (per curiam) (“What is a threat must be distinguished from what is constitutionally protected speech.”); United States v. Callahan, 702 F.2d 964, 966 (11th Cir.1983).
examined Cited as authority (rule) United States v. Alaboud (3×) also: Cited "see"
11th Cir. · 2003 · confidence medium
In other words, the inquiry is whether there was “sufficient evidence to *1297 prove beyond a reasonable doubt that the defendant intentionally made the statement under such circumstances that a reasonable person would construe them as a serious expression of an intention to inflict bodily harm....” United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983) (construing 18 U.S.C. § 871 ).
discussed Cited as authority (rule) Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Bruce Evan Murch Catherine Ramey Dawn Marie Stover Charles Wysong, and Monica Migliorino Miller Donald Treshman, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Joseph L. Foreman Stephen P. Mears Monica Migliorino Miller Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, and Michael Dodds Charles Roy McMillan Bruce Evan Murch, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Michael Dodds Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman, and Timothy Paul Dreste Joseph L. Foreman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Catherine Ramey Dawn Marie Stover, and Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Donald Treshman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, Paul Deparrie, Movant-Appellant. Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. Karen Sweigert, M.D., Individually and on Behalf of All Persons Similarly Situated v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David Crane Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong
9th Cir. · 2002 · confidence medium
Paul deParrie submitted a pro se, non-party-in-interest brief challenging the permanent injunction entered by the district court, and an amicus brief in opposition to reconsideration of the panel opinion 6 Amicus briefs in support of affirmance were submitted on behalf of the American Medical Association; seventeen United States Senators and forty-two United States Representatives; the State of Connecticut; the Anti-Defamation League, the American Jewish Committee, and Hadassah, the Women's Zionist Organization of America, Inc.; Feminist Majority Foundation, Center for Reproductive Law and Pol…
discussed Cited as authority (rule) Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists
9th Cir. · 2002 · confidence medium
See, e.g., United States v. Whiffen, 121 F.3d 18, 20-21 (1st Cir.1997) (statement is threat under 18 U.S.C. § 875 (c) if reasonable person would foresee that it would be interpreted as expression of intent to harm); United States v. Sovie, 122 F.3d 122, 125 (2d Cir.1997) (Second Circuit approach to threats, adopted in United States v. Kelner, 534 F.2d 1020 (2d Cir.1976), is objective test and requires assessing whether a reasonable recipient of statement would construe it as threat in light of context); United States v. Kosma, 951 F.2d 549, 556-57 (3d Cir.1991) (statement is threat under 18 U…
discussed Cited as authority (rule) United States v. Ogren
N.M.C.C.A. · 1999 · confidence medium
Even if the appellant’s threats were conditional, they could still be considered “true threats.” See Kosma, 951 F.2d at 554 (holding that defendant’s specification of precise date, time and place for President’s "21 gun salute” was a true threat); United States v. Howell, 719 F.2d 1258, 1260 (5th Cir.1983) (concluding that the hospital patient’s statement that he would kill the President if released was a true threat); United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983) (ruling that the letter offering to kill the President if Secret Service could make arrangements was a…
discussed Cited as authority (rule) Lucero v. Trosch
S.D. Ala. · 1996 · confidence medium
United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983) (interpreting “threat of force” requirement with respect to 18 U.S.C. § 871 ). *1131 The Eighth Circuit’s recent decision in United States v. Dinwiddie, 76 F.3d 913 (8th Cir.1996) is not inconsistent with this ruling.
discussed Cited as authority (rule) Lucero v. Trosch
S.D. Ala. · 1995 · confidence medium
These opinions indicate that a threat is a statement made “under such circumstances that a reasonable person would construe [it] as a serious expression of an intention to inflict bodily harm upon or to take the life of the persons named in the statute.” 6 U.S. v. Callahan, 702 F.2d 964, 965 (11th Cir.1983) (interpreting 18 U.S.C. § 871 ).
discussed Cited as authority (rule) United States v. Kosma (2×)
E.D. Pa. · 1990 · confidence medium
See, e.g., United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982); United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983); United States v. Carrier, 708 F.2d 77, 79 (2d Cir.1983); Howell, 719 F.2d at 1260 ; Hoffman, 806 F.2d at 711-12; United States v. Glover, 846 F.2d 339, 343-44 (6th Cir.), cert. denied, 488 U.S. 982 , 109 S.Ct. 533 , 102 L.Ed.2d 565 (1988). 5 In Roy , the Court explained the rationale which led it to reject the actual intent analysis: ... [I]t appears that [section 871] was designed in part to prevent an evil other than assaults upon the President.
discussed Cited as authority (rule) United States v. Thomas Lindley Roberts
4th Cir. · 1990 · confidence medium
See United States v. Davis, 876 F.2d 71, 73 (9th Cir.), cert. denied, — U.S. -, 110 S.Ct. 188 , 107 L.Ed.2d 143 (1989) (recipient’s state of mind as well as actions taken in response relevant to determination of a true threat); United States v. Maisonet, 484 F.2d 1356, 1358 (4th Cir.1973), cert. denied, 415 U.S. 933 , 94 S.Ct. 1447 , 39 L.Ed.2d 491 (1974) *891 (ordinary recipient familiar with the context of the letter relevant to interpretation of it as a threat); United States v. Callahan, 702 F.2d 964, 966 (11th Cir.) cert. denied, 464 U.S. 840 , 104 S.Ct. 133 , 78 L.Ed.2d 128 (1983) (l…
discussed Cited as authority (rule) United States v. James Neavill (2×)
8th Cir. · 1989 · confidence medium
See, e.g., United States v. Howell, 719 F.2d 1258, 1260 (5th Cir.1983), cert. denied, 467 U.S. 1228 , 104 S.Ct. 2683 , 81 L.Ed.2d 878 (1984); United States v. Callahan, 702 F.2d 964, 965 (11th Cir.), cert. denied, 464 U.S. 840 , 104 S.Ct. 133 , 78 L.Ed.2d 128 (1983); United States v. Dysart, 705 F.2d 1247, 1256 (10th Cir.), cert. denied, 464 U.S. 934 , 104 S.Ct. 339 , 78 L.Ed.2d 307 (1983).
discussed Cited as authority (rule) United States v. James Michael Welch
10th Cir. · 1984 · confidence medium
We note that in United States v. Callahan, 702 F.2d 964, 966 (11th Cir.), cert, denied, — U.S. —, 104 S.Ct. 133 , 78 L.Ed.2d 128 (1983), the fact that a letter threatening the lives of the President-elect and Vice-President-elect of the United States contained certain political and religious statements did not serve to remove it from the prohibition of the statute. 4 .
cited Cited "see" State v. Taylor
N.C. Ct. App. · 2020 · signal: see · confidence high
See United States v. Callahan, 702 F.2d 964, 966 (11th Cir. 1983) (citation omitted) (finding that a letter specifying time, date, and place of threatened assassination constituted a true threat).
cited Cited "see" State v. Taylor
N.C. Ct. App. · 2020 · signal: see · confidence high
See United States v. Callahan, 702 F.2d 964, 966 (11th Cir. 1983) (citation omitted) (finding that a letter specifying time, date, and place of threatened assassination constituted a true threat).
cited Cited "see" State v. Taylor
N.C. Ct. App. · 2020 · signal: see · confidence high
See United States v. Callahan, 702 F.2d 964, 966 (11th Cir. 1983) (citation omitted) (finding that a letter specifying time, date, and place of threatened assassination constituted a true threat).
examined Cited "see" United States v. Christopher Castillo (3×)
11th Cir. · 2014 · signal: see · confidence high
See United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1988) (involving threats mailed to the President).
discussed Cited "see" United States v. Ellisa Martinez (2×)
11th Cir. · 2013 · signal: see · confidence high
See United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983); United States v. Bozeman, 495 F.2d 508, 510 (5th Cir.1974). 2 Under that objective standard, a true threat is a communication that, when taken in context, “would have a reasonable tendency to create apprehension that its originator will act according to its tenor.” United States v. Alaboud, 347 F.3d 1293, 1296-97 (11th Cir.2003) (internal quotation marks omitted). 2.
discussed Cited "see" United States v. Olson
W.D. Mich. · 1986 · signal: see · confidence high
See United States v. Callahan, 702 F.2d 964 (11th Cir.1973) (where threats on letters mailed to the President and Vice President were held to constitute “true threats” where the letters specified a particular time, date and place, and the sender threatened to travel to Washington, D.C.).
discussed Cited "see" United States v. Josiah L. Merrill, III
9th Cir. · 1985 · signal: see · confidence high
See United States v. Callahan, 702 F.2d 964, 965-66 (11th Cir.), cert. denied, — U.S.-, 104 S.Ct. 133 , 78 L.Ed.2d 128 (1983); United States v. Vincent, 681 F.2d 462, 464 (6th Cir. 1982); United States v. Carrier, 672 F.2d 300, 306 (2d Cir.), cert. denied, 457 U.S. 1139 , 102 S.Ct. 2927 , 73 L.Ed.2d 1359 (1982); United States v. Frederickson, 601 F.2d 1358, 1363 (8th Cir.), cert. denied, 444 U.S. 934 , 100 S.Ct. 281 , 62 L.Ed.2d 193 (1979); United States v. Hall, 493 F.2d 904 , 905 (5th Cir.1974), cert. denied, 422 U.S. 1044 , 95 S.Ct. 2661 , 45 L.Ed.2d 696 (1975); United States v. Hart, 457…
discussed Cited "see, e.g." United States v. Justin Credico (2×)
3rd Cir. · 2017 · signal: see, e.g. · confidence low
See, e.g., Kosma, 951 F.2d at 554 n.8 (citing 10 United States v. Callahan, 702 F.2d 964 (11th Cir. 1983), concluding that the defendant there made a true threat because “[a]lthough the carrying out of the threat might have been conditional upon Secret Service aid and agreement, the threat itself was not,” id. at 966 ).
cited Cited "see, e.g." United States v. D'Amario
D.N.J. · 2006 · signal: see also · confidence medium
See also United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983) (Court adopts “objective” standard).
cited Cited "see, e.g." Petersen v. State
Alaska Ct. App. · 1996 · signal: see, e.g. · confidence medium
See, e.g., United States v. Callahan, 702 F.2d 964, 966 (11th Cir.1983), cert. denied 464 U.S. 840 , 104 S.Ct. 133 , 78 L.Ed.2d 128 (1983).
cited Cited "see, e.g." United States v. William M. McCaleb
7th Cir. · 1990 · signal: see also · confidence medium
Hoffman, 806 F.2d at 707 ; see also United States v. Callahan, 702 F.2d 964, 965 (11th Cir.), cert. denied, 464 U.S. 840 , 104 S.Ct. 133 , 78 L.Ed.2d 128 (1983).
discussed Cited "see, e.g." United States v. Marvin Arnesto Crews, Jr. (2×)
10th Cir. · 1986 · signal: see, e.g. · confidence medium
See, e.g., United States v. Callahan, 702 F.2d 964, 966 (11th Cir.) (threatening letter mailed to president-elect), cert. denied, 464 U.S. 840 , 104 S.Ct. 133 , 78 L.Ed.2d 128 (1983); United States v. Kirk, 528 F.2d 1057, 1063 (5th Cir.1976) (threat communicated to Secret Service); United States v. Rogers, 488 F.2d 512, 514 (5th Cir.1974) (threat against President made to local police), rev'd on other grounds, 422 U.S. 35 , 95 S.Ct. 2091 , 45 L.Ed.2d 1 (1975).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Donald Vincent CALLAHAN, Defendant-Appellant
81-6091.
Court of Appeals for the Eleventh Circuit.
Apr 15, 1983.
702 F.2d 964
Patrick Doherty, Gross & Doherty, Clearwater, Fla., for defendant-appellant., Stephen M. Crawford, U.S. Atty., Terry A. Zitek, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellee.
Roney, Hill, Morgan.
Cited by 49 opinions  |  Published
[*965] PER CURIAM:

Convicted of mailing a letter threatening the lives of the president-elect and vice president-elect of the United States in violation of 18 U.S.C.A. § 871, Donald Vincent Callahan appeals on the single issue of whether the statements he made in his letter constituted a true threat under the statute.

The statute provides that whoever knowingly and willfully mails a letter containing any threat to kill or cause bodily harm to the president, vice president, president-elect, or vice president-elect shall be fined a maximum of $1,000 or be imprisoned up to a maximum of five years, or both. [1]

The letter, signed by Callahan, read: Dear Mr. Knight:

It is essential that Reagan and Bush are assassinated on Inauguration Day in front of the television cameras.

If you can arrange for me to get into the act, I will be willing to accept the responsibility.

I don’t want anymore Protestant Scum in the White House. The separation of Church and State is a sacrosanct privilege to me and all Christians.

The fate of the Christian West hangs in the balance. The forces of the Reformation must be destroyed before there is any possibility of dissolving the threat posed by Jewish Fascism and Communism.

You know where I live. Just call, I will be in Washington in a few hours.

The envelope in which the letter was mailed was addressed to H.S. Knight, Director of the Secret Service, and bore Callahan’s name and return address.

Viewing the evidence in the light most favorable to the jury’s verdict, Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942), there was substantial evidence to support the jury verdict under the objective standard utilized in this circuit. United States v. Rogers, 488 F.2d 512, 514 (5th Cir.1974), rev’d on other grounds, 422 U.S. 35, 95 S.Ct. 2091, 45 L.Ed.2d 1 (1975). To establish a violation of the statute, the government had to prove that the defendant knowingly and willfully uttered the words alleged to constitute the threat, that he understood the meaning of the words to be an apparent threat, and that the defendant mailed them or caused them to be mailed. See United States v. Kirk, 528 F.2d 1057 (5th Cir.1976).

The defendant contends his letter constituted a conditional statement that was nothing more than political hyperbole. He points to the fact that the Secret Service did not respond immediately to the letter as an indication that the agency responsible for the safety of the president-elect and vice president-elect did not perceive the letter as a threat.

The defendant’s argument misses the mark. The question is whether there was sufficient evidence to prove beyond a reasonable doubt that the defendant intentionally made the statement under such circumstances that a reasonable person would construe them as a serious expression of an intention to inflict bodily harm upon or to take the life of the persons named in the statute. United States v. Rogers, 488 F.2d at 514 & n. 3. The government is not required to prove an actual intent to carry out the threat. United States v. Pilkington, 583 F.2d 746 (5th Cir.1978), cert. denied, 440 U.S. 948, 99 S.Ct. 1427, 59 L.Ed.2d 637 (1979), citing United States v. Rogers, 488 F.2d 512 (5th Cir.1974).

[*966] Callahan’s letter is threatening on its face, stating that it is “essential” that the president-elect and vice president-elect be assassinated. He specifies a date, time, and place, and manifests a willingness to accept the consequences of the murders if it can be arranged for him “to get into the act... ” He further offers to arrive in Washington, D.C., “in a few hours.” When Callahan was arrested, he stated that he meant everything he had said in the letter. Although the carrying out of the threat might have been conditional upon Secret Service aid and agreement, the threat itself was not. The letter unequivocally states it is “essential” that Reagan and Bush be assassinated on inauguration day, and the defendant is ready to help carry out that threat.

That the letter contains certain political and religious statements does not serve to remove it from the prohibition of the statute. In Watts v. United States, 394 U.S. 705, 88 S.Ct. 1399, 22 L.Ed.2d 664 (1969), where the Court determined that the statements involved were expressions of political opposition rather than a true threat, the statements were made during a political debate, were expressly conditioned on the occurrence of an event, and both the maker and the crowd he addressed laughed at the statement.

We agree with the correctness of the law in this circuit and would not change it, as the defendant requests, even if free to do so. We do note, however, that one circuit has fashioned a rule which looks to the subjective intent of the person making the alleged threat, defining a true threat as one “made with the present intention either to injure the President, or incite others to injure him.... ” United States v. Patillo, 438 F.2d 13, 16 (4th Cir.1979) (en banc). This approach has been repeatedly rejected under the law of this circuit. United States v. Kirk, 528 F.2d at 1063-64; United States v. Rogers, 488 F.2d at 514. [2]

AFFIRMED.

1

. Section 871 states in pertinent part:

(a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined not more than $1,000 or imprisoned not more than five years, or both.

18 U.S.C.A. § 871.

2

. The government argues the evidence was sufficient even under the subjective standard. Such consideration on this appeal is not appropriate, however, because the trial court did not charge the jury on the subjective standard.