081203P.pdf   02/25/2009  United States  v.  Daniel Cvijanovich
   U.S. Court of Appeals Case No:  08-1203
                          and No:  08-1204
   District of North Dakota - Fargo   
   [PUBLISHED] [Wollman, Author, with Beam and Benton, Circuit Judges]
   Criminal case - criminal law. Conduct charged in the indictment was
   outside the scope of a previous plea agreement, and the government's
   agreement not to charge defendant for threats he made against the
   President in 2005 did not bar prosecution for new threats he made in
   2006; evidence was sufficient to support conviction for making threats
   against the President; no error in admitting journal entries concerning the
   2005 threats as the evidence was admissible to provide context for the
   charges and to show intent and the seriousness of the threats; any error in
   admitting testimony from a Secret Service Agent on defendant's threat
   assessment was harmless as the jury was instructed to apply a reasonable
   man standard in determining whether the language used was a threat to
   the President.