United States v. Douglas E. Cadotte

MORRIS SHEPPARD ARNOLD, Circuit Judge,

dissenting.

If the word “express” is to be accorded any meaning at all, I do not think that Ca-dotte’s words and actions here can reasonably be said to constitute an “express threat of death,” U.S.S.G. § 2B3.1(b)(2)(F). What was conveyed here was, at most, an implicit threat of serious bodily injury or death. No doubt that is a reprehensible activity that deserves punishment. But whatever else it may be, it is not an express threat of death.

I therefore respectfully dissent.