Curtinv.United States
Curtin, who had a history of mental illness and threats against judges, mailed Magistrate Judge Maynard a filing that expressly threatened her with death and bodily harm and included a church video he said reinforced the threat. A jury convicted him of mailing a threat and threatening a federal official; the district court imposed 60 months, citing his threat history and racial animus. The Eleventh Circuit affirmed. The filing and video supported a finding that Curtin knowingly sent a true threat. Although the government violated § 4241(d)’s four-month hospitalization limit, the statute did not require dismissal of the indictment; release from hospitalization was the remedy. His unpreserved claim that all district judges should have recused did not establish plain error. The court upheld the Guidelines calculation because Curtin planned and tailored the threat, embedded a video, and tried to deliver it before mailing it, so the four-point reduction for a single instance with little deliberation did not apply. The 60-month upward variance was justified by his threat history and racial animus; any improper reliance on the sentencing judge’s religious experience was harmless. Judge Newsom concurred separately, urging clearer classification of sentencing challenges and ordinary preservation rules.
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