848 F.3d 799
7th Cir.2017Background
- In June 2014, Jerad and Amanda Miller killed two police officers and a civilian; they later died in a shootout.
- On June 19, 2014, Samuel L. Bradbury posted a detailed Facebook message claiming leadership of a local group, the "765 Anarchists," describing plans to kill named law‑enforcement officers and blow up the Tippecanoe County Courthouse and police vehicles.
- Bradbury later called the post "complete satire," deleted it ~30 minutes later, but screenshots were circulated to police.
- A search of Bradbury’s bedroom (pursuant to warrant) recovered thermite ingredients and magnesium, materials usable to ignite thermite.
- Bradbury was indicted on threats and related counts; a superseding indictment charged him under 18 U.S.C. § 844(e) for "maliciously convey[ing] false information" via interstate commerce.
- A jury acquitted one charge but convicted him under § 844(e); he was sentenced to 41 months. The appeal challenged the jury instruction defining "maliciously."
Issues
| Issue | Bradbury's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the jury instruction on "maliciously" improperly equated "maliciously" with mere intentional conduct | The instruction allowed conviction based solely on the intentional act of posting (i.e., a joke), not on an intent to cause harm | The statute covers malicious hoaxes: conviction proper where defendant intentionally conveyed a threatening hoax calculated to cause disruption or fear, even if he did not intend to carry it out | Instruction adequate; jurors could infer malice from the content, foreseeable disruptive effects, and surrounding conduct; conviction affirmed |
Key Cases Cited
- United States v. Hassouneh, 199 F.3d 175 (4th Cir. 2000) (vacated conviction under Bomb Hoax Act where similar instruction equated maliciously with intentional act)
- United States v. Grady, 746 F.3d 846 (7th Cir. 2014) (construed "maliciously" as acting intentionally or with deliberate disregard of likelihood of injury in explosives statute)
- United States v. Williams, 690 F.3d 1056 (8th Cir. 2012) (instruction that "maliciously" means acting intentionally or with willful disregard upheld in § 844(e) context)