123028P.pdf   04/26/2013  United States  v.  David Nicklas
   U.S. Court of Appeals Case No:  12-3028
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Benton,
   Circuit Judge]
   Criminal case - Criminal law. In a prosecution for transmitting a fax
   containing a threat to injure in violation of 18 U.S.C. Sec. 875(c), the
   court did not err in granting the government's motion to strike the word
   "wilfully" from the indictment as the section creates a general intent
   crime and the section does not require the government to prove a
   defendant specifically intended his or her statements to be threatening;
   instead, the government must prove a reasonable recipient would have
   interpreted the fax as a serious threat to injure; as a result, the word
   willful was properly stricken as surplusage; evidence was sufficient to
   support defendant's conviction; no error in refusing to give defendant's
   proposed instruction on reasonable doubt as it was foreclosed by circuit
   precedent.