U.S. v. Khan

Record contained sufficient evidence to support jury’s guilty verdict on charge of making interstate threats to injure others in violation of 18 USC section 875(c) arising out of series of defendant’s posts on his Facebook page that threatened to kill others in Chicago area that included messages that he underwent “dry runs” that included carrying loaded gun in his car while driving customers for Uber. Instant indictment sufficiently alleged defendant’s intent to transmit threats and provided defendant with specific facts regarding three threats involving claim of intent to commit mass murder in Chicago loop area. Also, instant jury instructions, which distinguished between true threats and mere idle talk accurately stated law, and Ct. rejected defendant’s claim that instruction should have told jury that defendant intended to communicate threat, that he intended that victims receive said threat, and that his communication caused victims to feel threatened. Too, police had reasonable suspicion to stop defendant’s car, where arresting officer received reports from FBI agents who had monitored defendant’s Facebook page containing said threats, and defendant otherwise failed to show that instant stop was excessive in either time or scope, given police investigation into his Facebook posts. Moreover, public safety exception allowed police to question suspect about presence of gun in car without giving Miranda warnings.