Criminal Solicitation — sufficiency of the evidence

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Solicitation — sufficiency of the evidence

Where the defendant posted on a website that everyone involved in a trial should be assassinated, and included a juror’s name, address, and phone numbers, the evidence was sufficient to support a conviction for soliciting the commission of a violent federal crime against a juror.

“White was tried and convicted by a jury. White then filed a Rule 29 motion for entry of a judgment of acquittal, arguing that the evidence was insufficient to convict him of solicitation. The district court granted the motion, finding that the government failed to present sufficient evidence for a reasonable juror to conclude that White was guilty of criminal solicitation, and that White’s speech was protected by the First Amendment. The government appeals that ruling, and White has filed a cross-appeal urging a new trial if we reverse the judgment of acquittal. After reviewing the trial record, we conclude that a rational jury could have found beyond a reasonable doubt that, based on the contents of the website, its readership, and other contextual factors, White intentionally solicited a violent crime against Juror A by posting Juror A’s personal information on his website. Criminal solicitation is not protected by the First Amendment, and so we reverse White’s acquittal and reinstate his conviction. Also, because White is not entitled to a new trial, we remand for sentencing.”

Reversed and Remanded.

11-2150 & 11-2209 U.S. v. White

Appeals from the United States District Court for the Northern District of Illinois, Adelman, J., Per Curiam.