DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
211335P.pdf 06/21/2022 United States v. Cody Leveke
U.S. Court of Appeals Case No: 21-1335
U.S. District Court for the Southern District of Iowa - Central
[PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Wollman,
Circuit Judge]
Criminal case - Criminal law. The evidence was sufficient to support
defendant's convictions for interstate communication of a threat because
the government showed he made true threats of present or future violence,
that he intended to communication a threat, and that his statements were
not ambiguous or political hyperbole; the jury instructions properly
defined a true threat and the instructions, taken as a whole, sufficiently
articulated the elements of the charges; the indictment properly pleaded
the essential elements of a violation of 18 U.S.C. Sec. 875(c);
COVID-related delays in setting the matter for trial did not violate the
Speedy Trial Act or defendant's Sixth Amendment right to a speedy trial.