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United States v. Erik Bowker, 372 F.3d 365 (6th Cir. 2004)
Court of Appeals for the Sixth Circuit
Filed: June 11th, 2004
Precedential Status: Precedential
Citations: 372 F.3d 365
Docket Number: 02-4086

372 F.3d 365

UNITED STATES of America, Plaintiff-Appellee,
v.
Erik BOWKER, Defendant-Appellant.

No. 02-4086.

United States Court of Appeals, Sixth Circuit.

Submitted: March 10, 2004.

Decided and Filed: June 11, 2004.

COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Edward F. Feran (briefed), Assistant United States Attorney, Cleveland, OH, for Appellee.

Jay Milano (briefed), Milano & Co., Rocky River, OH, for Appellant.

Before MARTIN and CLAY, Circuit Judges; MILLS, District Judge.*

OPINION

CLAY, Circuit Judge.

1
Defendant-Appellant Erik S. Bowker appeals his convictions and sentence for one count of interstate stalking, in violation of 18 U.S.C. § 2261A(1); one count of cyberstalking, in violation of 18 U.S.C. § 2261A(2); one count of theft of mail, in violation of 18 U.S.C. § 1708; and one count of telephone harassment, in violation of 47 U.S.C. § 223(a)(1)(C). Bowker also appeals the district court's failure to rule on his motion to return seized property and the district court's enhancement of his sentence based on extreme psychological harm to the victim. For the reasons that follow, we AFFIRM Bowker's convictions and sentence, but REMAND to the district court for a ruling on Bowker's motion to return seized property.

2
* Facts

A. Procedural History

3
On August 28, 2001, United States Magistrate Judge George J. Limbert signed a criminal complaint charging Erik. S. Bowker ("Bowker") with one count of telephone harassment in violation of 47 U.S.C. § 223(a)(1)(C). Bowker was arrested on August 29, 2001. On September 7, 2001, the magistrate judge held a preliminary examination and detention hearing for Bowker. The magistrate judge determined that probable cause for Bowker's arrest had been established, and he ordered Bowker detained.

4
On September 25, 2001, a federal grand jury returned a four-count indictment against Bowker. Bowker was charged with one count of interstate stalking, in violation of 18 U.S.C. § 2261A(1); one count of cyberstalking, in violation of 18U.S.C. § 2261A(2); one count of theft of mail, in violation of 18 U.S.C. § 1708; and one count of telephone harassment, in violation of 47 U.S.C. § 223(a)(1)(C).

5
Bowker filed several pretrial motions which are the subject of this appeal — a pro se motion to represent himself, a motion to dismiss Counts 1, 2, and 4 of the indictment, a motion to sever Count 3 from the indictment, a motion to suppress evidence, and a pro se motion for return of seized property and items, pursuant to Rule 41 of the Federal Rules of Criminal Procedure. The district court denied all of the foregoing motions, except for the motion to return seized property, on which the district court never ruled. On March 26, 2002, after the denial of Bowker's pro se motion to represent himself, Bowker's counsel moved to withdraw from the case, and Bowker signed a separate statement asking the court to grant the motion and assign him new counsel. The district court granted the motion and assigned Bowker new counsel.

6
Bowker's jury trial commenced on June 3, 2002. On June 6, 2002, the jury returned verdicts of guilty against Bowker on all counts. On September 5, 2002, the government moved for an upward departure from the sentencing guidelines based on the victim's extreme psychological harm. On September 10, 2002, the district court sentenced Bowker to 96 months' incarceration, three years of supervised release, and a $400 special assessment. In assessing the term of incarceration, the district court granted the government's motion for an upward departure.

B. Substantive Facts

7
In March, 2000, Tina Knight began working as a part-time general assignment reporter at WKBN Television in Youngstown, Ohio. WKBN has a general email account for most employees, and in June, 2000, WKBN received a number of emails relating to Knight. The emails were sent from several different email addresses and purported to be from an individual variously identified as "User x," Eric Neubauer, Karen Walters, and "BB." Several of the emails attached photographs with verbal captions. One caption referred to Knight being shot with a pellet gun, and another email said, "Thanks for my daily Tina Knight fix. Thanks for helping me get my nuts off," and another said "More Tina Knight, that is what I want and need." After receiving approximately nine of these types of email, WKBN's news director took them to the station's general manager. They then contacted Special Agent Deane Hassman of the FBI. Soon thereafter, Knight was shown the emails, and she was stunned and frightened.

8
FBI Agent Hassman began investigating the Tina Knight emails in July, 2000. Hassman was concerned about Knight's personal safety based on the content of the emails. One of the emails that concerned Hassman stated, "I'm not the type of obsessed viewer that hides in the bushes near your home to watch you come home from work, but we shall see. That may actually be fun." Another disturbing email stated, in part, "Dear Ms. Knight. Now I'm really pissed that you were looking even cuter than normally. You fucked up a little bit and here I am watching on this black and white thrift store TV. Cute, cute, cute. I bet you were a Ho at Ohio University in Athens, doing chicks and everything. Wow."

9
On July 25, 2000, Hassman sent emails to the various email addresses on the correspondence pertaining to Knight. Hassman asked the sender of the emails to contact him so that he could determine the sender's intent. Within 24 to 48 hours, Hassman received a telephone call from an individual who identified himself as Erik Bowker. Hassman wanted to set up a meeting with Bowker so Hassman could positively identify the sender of the emails and also ask him to cease and desist from contacting Knight. They arranged to meet at the public library in Youngstown, but Bowker never showed.

10
A few weeks later, Knight began receiving hand-written notes at WKBN, the majority of which were signed by "Doug Wagner." By September, the letters were arriving at the station almost every couple of days. One of the letters included the phrase, "All this week I will be playing the role of Doug Wagner." A letter dated August 9, 2000 was signed "Chad Felton"; stated, "I think you are a super babe"; and included a necklace. The return addresses on the letters were one of two P.O. Boxes registered to Erik Bowker or his mother.

11
Knight left her employment at WKBN in November, 2000 to take a position at WOWK CBS13 in Charleston, West Virginia. WKBN did not inform the general public of Knight's new location.

12
In late December, 2000, Knight's parents, who reside in Medina, Ohio, received a card and a handwritten note at their home. The card purported to be from "Kathryn Harris." The letter read, "Dear Tina Knight: I am Kathryn Harris today. I didn't want your parents asking you a lot of questions, nor did I want to attract a lot of attention to you. My letters to you are all online at yahoo.com in a standard mail account. It is all explained there so please check in and read what I have written.... The E-mail address is tinahatesme@yahoo.com." Agent Hassman visited the email address to check if any letters had been sent to the email address mentioned in the letter. Hassman discovered that an email had been sent December 25, 2000. At the end of the email, the name "Doug Wagner" was typed. The email read, in part, "I told you I would not contact you by mail anymore but I am sorry, I am in agony. I'm thinking about you all the time. You really are my dream girl.... I am blinded with affection for you. I did not ask for this. Nope, it's all your fault.... Please don't cat dance on my emotions by failing to respond to me at all."

13
In February, 2001, Bowker filed a lawsuit against Knight in the Mahoning County Common Pleas Court. Knight's social security number was stated in the complaint, which was served at Knight's home address in West Virginia. Bowker's lawsuit accused Knight of stalking him. Agent Hassman attended a status conference for the lawsuit on March 16, 2001, so that he could make face-to-face contact with Bowker. After meeting Bowker at the hearing and confirming that Bowker had been sending the unsolicited correspondence to Knight, Hassman told Bowker that the correspondence was unwelcome and might be a violation of federal law. Hassman advised Bowker that if the conduct continued, it might result in his arrest. Bowker responded that he had a First Amendment right to engage in that type of conduct. Nevertheless, during the meeting, Bowker wrote and signed a note stating, "I understand that Tina M. Knight wishes all further contact with her or any family member to stop and I agree to do so, pursuant to conversation with Deane Hassman, special agent, Federal Bureau of Investigation...." Bowker also agreed to voluntarily dismiss his lawsuit against Knight.

14
Despite Bowker's March, 16, 2001 agreement to cease and desist from any further contact with Knight, on that very same day, Bowker mailed a letter to Knight. Bowker also continued to attempt telephone contact with Knight. Between January 26 and August 29, 2001, Bowker made 146 telephone calls from his cell phone to WOWK CBS 13, where Knight worked. Bowker also made 16 calls to Knight's personal residential telephone in West Virginia between August 11 and 28, 2001. Knight's number was unlisted and unpublished. According to telephone records, each of the 16 calls placed to Knight's home were preceded by *67, which enables a caller to block identification of his telephone number on the recipient's caller identification display. Bowker also called Knight's co-worker and a neighbor.

15
As the telephone calls to Knight's television station persisted through the summer of 2001, Agent Hassman believed it was important to capture Bowker's voice on tape, so Hassman provided Knight with a recording device at the television station. On June 12, 2001, Knight recorded a 45 minute telephone call from Bowker who, at one point, identified himself as "Mike." During the conversation, Bowker referred to Knight's neighbors, her family members and her social security number. He also indicated he might be watching Knight with his binoculars. Knight provided the tape to the FBI and never spoke to Bowker again on the telephone.

16
On July 16, 2001, Knight received a letter at the television station. In the letter, Bowker referred to Knight's parents and stated several times, "You do not hang up on me." The letter also crassly referred to Knight's car, threatened to file a mechanic's lien on her car and her co-worker's car, accused Knight and her colleague of being "fuck-ups, assholes and seriously emotional and mentally unbalanced," and contained numerous sexual references. The letter stated that Bowker would be contacting Knight's neighbors, pointed out that Knight had not registered her car in West Virginia, and concluded with the words, "So bye-by, fuck you, you are an asshole and a sociopath and an embarrassment to mothers everywhere sir.... Adios, Eric.... Smooch, Smooch."

17
On August 10, 2001, Knight received a certified letter mailed to her residence in West Virginia. Accompanying the letter were numerous photographs of Bowker at various locations in West Virginia, Knight's home state. The letter stated, in part, "Send me an E-Mail address. It keeps me long distance, you know what I mean." Knight forwarded the letter and the photographs to the FBI. Bowker's credit card statement later revealed purchases from a Kmart and a Kroger near Knight's place of employment and residence in West Virginia between June 12 and July 30, 2001.

18
In August 2001, Bowker left a series of messages on Knight's answering machine asking that Knight or Knight's friend call him back, which did not occur. Among other things, Bowker stated:

19
I don't even know why I'm nice to you ever at all, you and your fucked-up friend should not even be working in the media. You know you gotta mother-fucking realize there's like 50 percent men in this country and you better mother-fucking learn that you're going to have to deal with us sometime....

20
Well, it looks like nobody is going to answer me if Tina Knight is okay, so I'm gonna take the 1:00 a.m. bus out of Columbus, Ohio and come down there and see for myself. Okay, I'll be there about 6:00 a.m. Bye.

21
Knight testified that these messages made her afraid to leave the house everyday, and she feared that Bowker might try to rape her. She gave the answering machine recordings to the FBI.

22
Bowker was arrested on August 29, 2001 at a self-storage facility in Youngstown where he kept some of his possessions. Among other things recovered from the storage facility, Bowker's car and other locations, were a police scanner set to the frequency of the Youngstown Police Department, a paper with scanner frequencies from the Dunbar, West Virginia Police Department, letters bearing the name "Chad Felton," a credit report for Tina Knight, Knight's birth certificate, a map of Dunbar, West Virginia, Greyhound bus schedules with West Virginia routes, and photos taken by Bowker during a West Virignia trip on July 11, 2001, which included pictures of Knight's place of work, her car and CBS news trucks. The FBI also discovered that Bowker had in his possession a Discover Card credit card bill addressed to Tina Knight in West Virginia. Knight never received that statement in the mail.

II

Probable Cause for Bowker's Arrest

23
Bowker argues that the magistrate judge erroneously found that there was probable cause to issue a warrant for his arrest premised on an alleged violation of 47 U.S.C. § 223(a)(1)(C), which prohibits telephone harassment. He further argues that trial court committed the same error when it denied Bowker's motion to suppress evidence obtained through the arrest warrant. We reject Bowker's arguments for the reasons stated below.

A. Standard of Review

24
The Court considers the evidence that the warrant-issuing magistrate judge had before him only to ensure that the magistrate had a substantial basis for concluding that probable cause existed. See United States v. Jones, 159 F.3d 969, 973 (6th Cir.1998) (citing Illinois v. Gates, 462 U.S. 213, 238-39,  103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983)). The Court defers to findings of probable cause made by a magistrate, and will not set aside such findings unless they were arbitrarily made. United States v. Brown, 147 F.3d 477, 484 (6th Cir.1998). When reviewing a district court's denial of a motion to suppress, the Court reviews the district court's findings of fact for clear error and its conclusions of law de novo. Id.

B. Analysis

25
At the preliminary hearing, the government brought a one-count criminal complaint against Bowker for the crime of telephone harassment, in violation of 47 U.S.C. § 223(a)(1)(C). That section provides for a fine, imprisonment, or both for anyone, who in interstate or foreign communications:

26
makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications.

27
47 U.S.C.A. § 223. Incorporated into the criminal complaint was the affidavit of FBI Agent Deane Hassman, who alleged that Bowker had made numerous telephone calls to Tina Knight in which Bowker did not identify himself, including a conversation with Knight on June 12, 2001, and messages left on Knight's answering machine on August 17-19 and 25-26, 2001. Agent Hassman's affidavit also provided extensive background details on Bowker's campaign of harassment against Knight via emails, letters and telephone calls.

28
Bowker concedes that the magistrate judge could have found probable cause on the elements of using the telephone with the intent to annoy, abuse, threaten or harass. He argues, however, that the magistrate had no basis to find the element of failing to disclose identity during the telephone calls because Knight, the recipient of those calls, allegedly recognized his voice, making it unnecessary for him to state his name. See J.A. 581 (testimony of Agent Hassman: "There came a point in time where Tina [Knight] began to recognize a certain voice on the phone, which she believed to be Eric [sic] Bowker."). Bowker points to the fact that during the June 12, 2001 telephone conversation with Knight, she referred to Bowker as "Eric" [sic].

29
Bowker's argument is flawed in several respects. His argument does not address the numerous occasions when Bowker called Knight and no conversation ensued and no messages were left or her answering machine. The evidence before the magistrate showed that Bowker used a caller identification blocking feature (*67) to place these calls, thereby concealing his identity. Since the telephone harassment law prohibits calls made with the intent to harass or annoy "whether or not conversation or communication ensues," there was probable cause to find that Bowker had concealed his identity in those instances. Knight's alleged ability to identify Bowker's voice was irrelevant.

30
Bowker responds that his use of the *67 feature should be legally irrelevant, since it penalizes him for placing telephone calls to numbers with a caller identification service. He contends that criminal liability should not hinge on what telephone features a person pays for each month to the local phone company. Bowker, however, is not being penalized based on the telephone features to which his victim subscribed, but for using the *67 feature in conjunction with his intent to annoy or harass Knight. Had he lacked that intent, no criminal liability would have attached.

31
Even assuming that Knight was able to identify Bowker's voice, the magistrate judge properly found probable cause to believe that Bowker had not disclosed his identity during the June 12, 2001 conversation in which he mis-identified himself as "Mike" and in August, 2001, when he left messages on Knight's answering machine without providing any name at all. On its face, the telephone harassment statute makes it illegal to place a call, with the intent to annoy, abuse threaten or harass, whenever the caller fails to identify himself. Since Bowker concedes that the magistrate judge could have found probable cause that he had the requisite intent, it was Bowker's provision of a false name and/or his failure to identify himself — not an erroneous judicial determination about the victim's recognition of his voice — that led to the issuance of his arrest warrant.

32
Bowker similarly argues that the district court, which supervised the trial proceedings, erred in denying his motion to suppress evidence derived from his arrest for telephone harassment. In addition to his argument that the evidence did not support a finding of probable cause to believe that Bowker had failed to disclose his identity (discussed above), Bowker argues that the district court erred in ruling that FBI agent Hassman did not intentionally mislead or omit crucial material facts in his affidavit supporting probable cause. Bowker argues that he showed, by a preponderance of the evidence, materially false representations and omissions by Agent Hassman, and that absent those misrepresentations, probable cause would not have been found.

33
To prevail on a motion to suppress based on allegations of intentional misrepresentation by a law enforcement officer in the course of obtaining an arrest warrant, Bowker must establish (1) the allegation of perjury or reckless disregard "by the defendant by a preponderance of the evidence" and (2) "with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, [such that] the search warrant must be voided and the fruits of the search' suppressed." United States v. Graham, 275 F.3d 490, 505 (6th Cir.2001) (quoting Franks v. Delaware, 438 U.S. 154, 155-56, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978)). Bowker has not established that Agent Hassman perjured himself in his affidavit in support of the criminal complaint or at the suppression hearing. At most, he quibbles with Hassman's characterization of Bowker's letters and emails as sexual and threatening. Hassman's characterization, however, largely is a matter of opinion, and the content of Bowker's communications speak for themselves. Thus, there is no indication that the magistrate judge was misled in reaching its probable cause finding. Accordingly, the district court did not err in denying Bowker's motion to suppress evidence.

III

34
Motion to Dismiss Counts 1, 2 and 4 of the Indictment

35
Bowker argues that the district court erred in failing to dismiss Counts 1 (interstate stalking), 2 (cyberstalking) and 4 (telephone harassment) of the indictment on the ground that the indictment inadequately alleged the elements of the offenses charged, and on the ground that the statutes that the indictment alleged he violated are unconstitutionally vague and overbroad. We review the denial of a motion to dismiss de novo. United States v. Maney, 226 F.3d 660, 663 (6th Cir.2000). For the reasons that follow, we affirm the decision of the district court.

A. Sufficiency of the Indictment

36
Under the Notice Clause of the Sixth Amendment, a criminal defendant has the right "to be informed of the nature and cause of the accusation" against him. U.S. Const. amend. VI. In addition, the Indictment Clause of the Fifth Amendment requires that a defendant be charged with only those charges brought before the grand jury. U.S. Const. amend. V. An indictment satisfies these constitutional requirements "if it, first, contains the elements of the offense charged and fairly informs a defendant of the charge against which he must defend, and, second, enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense." Maney, 226 F.3d at 663 (citing Hamling v. United States, 418 U.S. 87, 117, 94 S. Ct. 2887,  41 L. Ed. 2d 590 (1974); Russell v. United States, 369 U.S. 749, 763-64, 82 S. Ct. 1038, 8 L. Ed. 2d 240 (1962); United States v. Sturman, 951 F.2d 1466, 1478-79 (6th Cir.1991)). "To be legally sufficient, the indictment must assert facts which in law constitute an offense; and which, if proved, would establish prima facie the defendant's commission of that crime." Id. (quoting United States v. Superior Growers Supply, Inc., 982 F.2d 173, 177 (6th Cir.1992)).

37
"An indictment is usually sufficient if it states the offense using the words of the statute itself, as long as the statute fully and unambiguously states all the elements of the offense." United States v. Landham, 251 F.3d 1072, 1079 (6th Cir.2001) (citing Hamling, 418 U.S. at 117, 94 S. Ct. 2887; United States v. Monus, 128 F.3d 376, 388 (1997)). The Supreme Court has cautioned, however, that while "the language of the statute may be used in the general description of the offense, ....it must be accompanied with such a statement of the facts and circumstances as will inform the accused of the specific offense, coming under the general description, with which he is charged." Hamling, 418 U.S. at 117-18, 94 S. Ct. 2887 (internal quotation marks and citation omitted)." `Courts utilize a common sense construction in determining whether an indictment sufficiently informs a defendant of an offense.'" Maney, 226 F.3d at 663 (quoting Allen v. United States, 867 F.2d 969, 971 (6th Cir.1989)).

38
Count1 (interstate stalking)1, Count 2 (cyberstalking)2 and Count 4 (telephone harassment)3 track the language of the relevant statutes. Count 1 alleges that, between July 10 and July 30, 2001, Bowker knowingly and intentionally traveled across the Ohio state line with the intent to injure, harass, and intimidate Tina Knight, and as a result of such travel placed Knight in reasonable fear of death or serious bodily injury, in violation of 18 U.S.C. § 2261A(1). Count 2 alleges that between December 25, 2000 and August 18, 2001 Bowker, located in Ohio, knowingly and repeatedly used the internet to engage in a course of conduct that intentionally placed Knight, then located in West Virginia, in reasonable fear of death or serious bodily injury, in violation of 18 U.S.C. § 2261A(2). Count 4 alleges that between June 12, 2001, and August 27, 2001, Bowker, located in Ohio, knowingly made telephone calls, whether or not conversation or communication ensued, without disclosing his identity and with the intent to annoy, abuse, threaten and harass Knight, in violation of 47 U.S.C. § 223(a)(1)(C). Because the indictment stated all of the statutory elements of the offenses, and because the relevant statutes state the elements unambiguously, the district court properly denied Bowker's motion to dismiss Counts 1, 2 and 4 of the indictment. The indictment's reference to the specific dates and locations of the offenses, as well as the means used to carry them out (travel, internet, telephone), provided Bowker fair notice of the conduct with which he was being charged.

39
Relying on the Landham case, supra, Bowker argues that the indictment was defective because it does not charge him with making direct threats against Knight and therefore should have contained a statement of facts and circumstances surrounding the alleged indirect threats he made against her, such as an explanation of the parties' relationship. See Landham, 251 F.3d at 1080 (holding "because the alleged threatening statement must be viewed from the objective perspective of the recipient, which frequently involves the context of the parties' relationship...., it is incumbent on the Government to make that context clear in such an indictment, unless the alleged threat is direct").

40
Landham is distinguishable, however. There, the Court held that the indictment failed to sufficiently allege a kidnaping threat because the indictment was missing several elements of the offense, specifically, a communication containing a threat and a threat to kidnap. Id. at 1082. The indictment failed to acknowledge that the defendant had been in a custody battle with his ex-wife over their daughter and, therefore, the defendant's obscure statements like "I'm going to get her" were either unreasonably perceived to be kidnaping threats and, even if the alleged threat had been carried out, it would not have constituted a crime as a matter of substantive law. Id. at 1081-83. The Court further held that the indictment failed to sufficiently allege a threat of bodily harm, because the statement charged in the indictment referred to past conduct of the defendant, not present or future conduct, and, in any event, did not mention a threat to inflict bodily harm. Id. at 1082-83. Bowker's indictment, by contrast, did not contain similar deficiencies. All of the statutory elements of the prohibited conduct were properly alleged, including the intent to cause a reasonable fear of death or serious bodily harm. And unlike the parties involved in Landham, whose custody battle was highly relevant to the charged conduct, Bowker's relationship with Knight had no relevant bearing on the alleged illegality of his conduct. We therefore reject Bowker's challenge to the sufficiency of the indictment.

B. Overbreadth Challenge

41
According to the Supreme Court, imprecise laws can be attacked on their face under two different doctrines — overbreadth and vagueness. City of Chicago v. Morales, 527 U.S. 41, 119 S. Ct. 1849, 144 L. Ed. 2d 67 (1999). The "overbreadth doctrine is a limited exception to the traditional standing rule that a person to whom a statute may constitutionally be applied may not challenge that statute on the basis that it may conceivably be applied in an unconstitutional manner to others not before the court." Staley v. Jones, 239 F.3d 769, 784 (6th Cir.2001) (citations omitted). However, "overbreadth scrutiny diminishes as the behavior regulated by the statute moves from pure speech toward harmful, unprotected conduct." Id. at 785. "`[P]articularly where conduct and not merely speech is involved, we believe that the overbreadth of a statute must not only be real, but substantial as well, judged in relation to the statute's plainly legitimate sweep.'" Id. (quoting Broadrick v. Oklahoma, 413 U.S. 601, 615-16, 93 S. Ct. 2908,  37 L. Ed. 2d 830 (1973)).

42
Bowker has provided absolutely no argument as to how 18 U.S.C. § 2261A, which prohibits interstate stalking and cyberstalking, is facially overbroad, merely asserting that the statute "reaches large amounts of protected speech and conduct" and "potentially targets political or religious speech." We fail to see how a law that prohibits interstate travel with the intent to kill, injure, harass or intimidate has a substantial sweep of constitutionally protected conduct. 18 U.S.C. § 2261A(1). The same is true with respect to the prohibition of intentionally using the internet in a course of conduct that places a person in reasonable fear of death or seriously bodily injury. 18 U.S.C. § 2261A(2). It is difficult to imagine what constitutionally-protected political or religious speech would fall under these statutory prohibitions. Most, if not all, of these laws' legal applications are to conduct that is not protected by the First Amendment. Thus, Bowker has failed to demonstrate how 18 U.S.C. § 2261A is substantially overbroad.

43
We also reject Bowker's argument as to the purported overbreadth of the telephone harassment statute, 47 U.S.C. § 223(a)(1)(C). Bowker relies on the Supreme Court's decision in Coates v. City of Cincinnati, 402 U.S. 611, 91 S. Ct. 1686, 29 L. Ed. 2d 214 (1971), which involved a city ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and to be "annoying" to passersby. Id. at 611,  91 S. Ct. 1686. The Court struck down the ordinance, reasoning that it was "unconstitutionally broad because it authorizes the punishment of constitutionally protected conduct." Id. at 614, 91 S. Ct. 1686.

44
Coates is distinguishable. First, the focus of the telephone harassment statute is not simply annoying telephonic communications. It also prohibits abusive, threatening or harassing communications. Thus, the thrust of the statute is to prohibit communications intended to instill fear in the victim, not to provoke a discussion about political issues of the day. See United States v. Lampley, 573 F.2d 783, 787 (3d Cir.1978) (holding that in enacting the telephone harassment statute, "Congress had a compelling interest in the protection of innocent individuals from fear, abuse or annoyance at the hands of persons who employ the telephone, not to communicate, but for other unjustifiable motives") (citations omitted). Second, the telephone harassment statute operates in a distinctly different realm of communication than the ordinance in Coates, which governed the manner in which individuals could assemble and communicate in the open on public property. Persons who find sidewalk speech annoying usually are not being singled out by the speaker and, in any event, have the option of ignoring that speech by walking away or taking a different route. Because the sidewalk speaker is operating in the open, annoyed listeners have little reason to fear for their safety and can readily identify and confront the speaker if they so choose. Not so with individuals receiving unwelcome, anonymous telephone calls. Call recipients have to deal with much more inconvenience to avoid the speech (e.g., changing telephone numbers or using a call-screening service); these calls usually are targeted toward a particular victim and are received outside of a public forum (e.g., the home or the workplace); and, because the caller does not identify himself, the speech is more likely to instill fear in the listener and, at a minimum, makes it more difficult for the listener to confront the caller. Accordingly, the domain of prohibited speech is far more circumscribed, and the government's interest in protecting recipients of the speech is far more compelling, under the telephone harassment statute compared to the city ordinance at issue in Coates.

45
We acknowledge that the telephone harassment statute, if interpreted to its semantic limits, may have unconstitutional applications. For example, if Bowker had been charged with placing anonymous telephone calls to a public official with the intent to annoy him or her about a political issue, the telephone harassment statute might have been unconstitutional as applied to him. See United States v. Popa, 187 F.3d 672, 677-78 (D.C.Cir.1999) (holding that telephone harassment statute was unconstitutional as applied to defendant who had placed seven calls to a U.S. Attorney to complain about his treatment by the police and the prosecutor's conduct of a case against him). But Bowker was not so charged. His calls were predominately, if not exclusively, for the purpose of invading his victim's privacy and communicating express and implied threats of bodily harm. This type of speech is not constitutionally protected. Landham, 251 F.3d at 1080. But the fact that application of the telephone harassment statute may be unconstitutional in certain instances does not warrant facial invalidation. See Parker v. Levy, 417 U.S. 733, 760, 94 S. Ct. 2547, 41 L. Ed. 2d 439 (1974) (facial invalidation not appropriate when the remainder of the statute "covers a whole range of easily identifiable and constitutionally proscribable conduct"); Staley, 239 F.3d at 786-87 (holding that "several examples of speech or expressive conduct that could conceivably be restricted under the statute" did not render anti-stalking statute unconstitutional). Whatever overbreadth exists in the statute "can be cured on a case-by-case basis." Staley, 239 F.3d at 787 (citing Broadrick, 413 U.S. at 615-16, 93 S. Ct. 2908). No cure is necessary in this case.

C. Vagueness Challenge

46
"[E]ven if an enactment does not reach a substantial amount of constitutionally protected conduct, it may be impermissibly vague because it fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests." Morales, 527 U.S. at 52,  119 S. Ct. 1849 (citing Kolender v. Lawson, 461 U.S. 352, 358, 103 S. Ct. 1855, 75 L. Ed. 2d 903 (1983)). Vagueness may invalidate a criminal statute if it either (1)fails "to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits" or (2) authorizes or encourages "arbitrary and discriminatory enforcement." Id. at 56, 119 S. Ct. 1849 (citing Kolender, 461 U.S. at 357, 103 S. Ct. 1855). "It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits...." Giaccio v. Pennsylvania, 382 U.S. 399, 402-03, 86 S. Ct. 518, 15 L. Ed. 2d 447 (1966).

47
The stalking and telephone harassment statutes charged in Bowker's indictment provide sufficient notice of their respective prohibitions because citizens need not guess what terms such as "harass" and "intimidate" mean. This Court's decision in Staley v. Jones, supra, is instructive. That case involved a habeas corpus review of a conviction for stalking under a Michigan law that defines stalking as "a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested." Mich. Comp. Laws Ann. § 750.411i(e). Michigan law defines "harassment" as "conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress." Id. § 750.411i(d). Expressly excluded from the definition of "harassment" is "constitutionally protected activity or conduct that serves a legitimate purpose." Id. This Court rejected the petitioner's vagueness challenge to the Michigan statute, reasoning as follows:

48
A person of reasonable intelligence would not need to guess at the meaning of the stalking statutes, nor would his interpretation of the statutory language differ with regard to the statutes' application, in part because the definitions of crucial words and phrases that are provided in the statutes are clear and would be understandable to a reasonable person reading the statute.... Also, the meaning of the words used to describe the conduct can be ascertained fairly by reference to judicial decisions, common law, dictionaries, and the words themselves because they possess a common and generally accepted meaning. We therefore conclude that the statutes are not void for vagueness on the basis of inadequate notice.

49
Staley, 239 F.3d at 791-92.

50
The Michigan prohibition against willful harassment that causes a reasonable person to feel fear is almost indistinguishable from the federal anti-stalking statute, 18U.S.C. § 2261A(1), which prohibits intentional harassment that causes a reasonable fear of death or serious bodily injury. In fact, the federal statute arguably is less vague because it circumscribes the type of fear a victim must feel, namely a fear of death or serious bodily injury, whereas the Michigan law does not.

51
Bowker attempts to distinguish the Michigan statute by pointing to the fact that Michigan law defines the word "harassment," whereas federal law does not. The harassment definition under Michigan law, however, contains nothing not already reflected in the federal statute's general prohibition. The Michigan definition of harassment requires conduct directed toward a victim, but this requirement is implicitly reflected in the federal statute's requirement that a perpetrator intend to harass a victim. Michigan's harassment definition also requires that the conduct cause a reasonable individual to suffer emotional distress, but the federal statute requires conduct that causes a fear of death or serious bodily injury. There simply is no principled basis to distinguish the language of the federal statute from the Michigan statute which this Court upheld in Staley.

52
We also reject Bowker's argument that the stalking and telephone harassment statutes' failure to define words like "harass" and "intimidate" render them void for vagueness. As noted by the Court in Staley, the meaning of these words "can be ascertained fairly by reference to judicial decisions, common law, dictionaries, and the words themselves because they possess a common and generally accepted meaning." Staley, 239 F.3d at 791-92. Indeed, the Michigan anti-stalking statute, which the Staley Court upheld, does not appear to define the word "intimidate," a word that Bowker claims is too vague in the federal law. For this reason as well, we reject Bowker's vagueness challenge to the federal law.

53
Bowker's reliance on Church of the Am. Knights of the Ku Klux Klan v. City of Erie, 99 F. Supp. 2d 583 (W.D.Pa.2000), also is misplaced. There, the court held that a city ordinance that restricted the wearing of a mask "with the intent to intimidate, threaten, abuse or harass any other person" was unconstitutionally vague. Id. at 591 (quotation marks and statutory citation omitted). The court found that each of these terms, given their ordinary meaning, could encompass forms of expression that are constitutionally protected. Id. Not only might it prohibit certain types of advocacy, such as advocating the return to segregation, but it also might prohibit the simple act of wearing a mask. Id. The court also found that the ordinance did not provide the public with adequate notice of what type of conduct was prohibited. The ordinance, however, is not comparable to the federal anti-stalking statute. The federal anti-stalking statute, which prohibits harassment or intimidation that causes a reasonable fear of death or serious bodily harm, imposes a far more concrete harm requirement than the ordinance at issue in Ku Klux Klan, which did not require that the harassment or intimidation result in any particular type of reaction in the audience. See id. at 592 (holding that ordinance was unconstitutionally vague: "To some extent, the speaker's liability is potentially defined by the reaction or sensibilities of the listener; what is `intimidating or threatening' to one person may not be to another. And, although the provision has a scienter requirement, it is reasonable to expect that the requisite intent could be inferred from circumstantial factors, which may include the effect that particular speech has on the speaker's audience.").

54
We further reject Bowker's argument that the federal stalking and telephone harassment statutes authorize or encourage arbitrary or discriminatory enforcement. Although the statutes provide no guidelines on terms like harass and intimidate, the meanings of these terms "can be ascertained fairly by reference to judicial decisions, common law, dictionaries, and the words themselves because they possess a common and generally accepted meaning." Staley, 239 F.3d at 791-92. Thus, Bowker has not demonstrated that these statutes fail to provide "sufficiently specific limits on the enforcement discretion of the police to meet constitutional standards for definiteness and clarity." Morales, 527 U.S. at 64, 119 S. Ct. 1849 (internal quotation marks and citation omitted).

55
Only Bowker's vagueness challenge to part of the telephone harassment statute, 47 U.S.C. § 223(a)(1)(C), merits further discussion. As noted above, that statute prohibits using a telephone, without disclosing identity, with the intent to annoy, abuse, threaten, or harass any person at the number called. Bowker argues that the term "annoy" is unconstitutionally vague, relying on the Supreme Court's decision in Coates, supra. In rejecting the city ordinance which made it a criminal offense for three or more persons to assemble on a sidewalk and to be "annoying" to passersby, the Court reasoned:

56
In our opinion this ordinance is unconstitutionally vague because it subjects the exercise of the right of assembly to an unascertainable standard, and unconstitutionally broad because it authorizes the punishment of constitutionally protected conduct. Conduct that annoys some people does not annoy others. Thus, the ordinance is vague, not in the sense that it requires a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct is specified at all.

57
Id. at 614, 91 S. Ct. 1686. The Court further held that the ordinance violated the First Amendment right to freedom of assembly because the "First and Fourteenth Amendments do not permit a State to make criminal the exercise of the right of assembly simply because its exercise may be `annoying' to some people." Id. at 615, 91 S. Ct. 1686.

58
We agree that the word "annoy," standing alone and devoid of context and definition, may pose vagueness concerns. But that is not the case with the telephone harassment statute. The statute reads "annoy, abuse, threaten, or harass." 47 U.S.C. § 223(a)(1)(C). The Supreme Court has observed that "[c]anons of construction ordinarily suggest that terms connected by a disjunctive be given separate meanings, unless the context dictates otherwise." Reiter v. Sonotone Corp., 442 U.S. 330, 339, 99 S. Ct. 2326, 60 L. Ed. 2d 931 (1979) (emphasis added). Here, the statutory language must be read in the context of Congressional intent to protect innocent individuals from fear, abuse or annoyance at the hands of persons who employ the telephone, not to communicate, but for other unjustifiable motives. Lampley, 573 F.2d at 787. This context suggests that the words annoy, abuse, threaten or harass should be read together to be given similar meanings. Any vagueness associated with the word "annoy" is mitigated by the fact that the meanings of "threaten" and "harass" can easily be ascertained and have generally accepted meanings. Staley, 239 F.3d at 791-92,

59
Even assuming, arguendo, that Bowker's vagueness argument theoretically has merit, he cannot rely on it to invalidate the indictment or his conviction for telephone harassment, because the statute clearly applies to the conduct he allegedly committed. The Supreme Court held in Parker v. Levy supra, 417 U.S. at 756, 94 S. Ct. 2547:

60
... [O]ne who has received fair warning of the criminality of his own conduct from the statute in question is [not] entitled to attack it because the language would not give similar fair warning with respect to other conduct which might be within its broad and literal ambit. One to whose conduct a statute clearly applies may not successfully challenge it for vagueness.

61
Here, Bowker engaged in an anonymous campaign of threatening and harassing conduct directed toward Knight through use of the telephone (as well as the mails and the computer) that clearly fell within the statute's prohibition. This type of conduct lies at the core of what the telephone harassment statute was designed to prohibit. Lampley, 573 F.2d at 787. FBI Agent Hassman specifically warned Bowker that he might be arrested if he persisted in his course of telephone harassment, but Bowker ignored that warning. Moreover, the fact that Bowker engaged in this campaign with an intent to threaten or harass mitigates any concern that he may have been punished for merely having a communication over the telephone. As the Third Circuit held in rejecting a vagueness challenge to the very same statutory language:

62
The section's specific intent requirement renders unconvincing appellant's second claim that [the predecessor to § 223(a)(1)(C) is] unconstitutionally vague. It has long been true that (t)he Court, indeed, has recognized that the requirement of a specific intent to do a prohibited act may avoid those consequences to the accused which may otherwise render a vague or indefinite statute invalid.... (W)here the punishment imposed is only for an act knowingly done with the purpose of doing that which the statute prohibits, the accused cannot be said to suffer from lack of warning or knowledge that the act which he does is a violation of law. Screws v. United States, 325 U.S. 91, 101-02, 65 S. Ct. 1031, 1035, 89 L. Ed. 1495 (1945). The appellant cannot claim confusion about the conduct proscribed where, as here, the statute precisely specifies that the actor must intend to perform acts of harassment in order to be culpable.

63
Lampley, 573 F.2d at 787. Thus, Bowker vagueness challenge fails. The district court did not err in denying his motion to dismiss Counts 1, 2 and 4 of the indictment.

IV

64
Motion to Sever Count 3 from the Indictment

65
The district court denied Bowker's motion to sever Count3 of the indictment (mail theft) from Counts 1 (interstate stalking), 2 (cyberstalking), and 4 (telephone harassment). Bowker had argued that joinder of these counts would prejudice his rights under the Fifth Amendment and Rules 8 and 14 of the Federal Rules of Criminal Procedure. Specifically, he argued that the mail theft count should not be admissible to support the other three counts for stalking and telephone harassment on the ground that the crimes did not possess the same or similar characteristics and that there was no nexus between the mail theft count and the other alleged crimes. He further argued that he wished to testify concerning the stalking and telephone harassment counts, which require the government to prove intent, but not the mail theft count, and that joinder precluded him from exercising his Fifth Amendment right to testify only as to the stalking and telephone harassment counts. Last, he argued that the jury's exposure to evidence pertaining to the stalking and telephone harassment counts would prejudice them in deciding the mail theft count. Bowker renews these arguments on appeal.

66
A motion for relief from the prejudicial joinder of counts must be renewed at the close of the evidence. United States v. Hudson, 53 F.3d 744, 747 (6th Cir.1995). When the defendant fails to renew the motion, this Court can reverse a conviction only upon a showing of plain error. United States v. Anderson, 89 F.3d 1306, 1312 (6th Cir.1996). Bowker failed to renew his motion to sever Count 3 of the indictment from Counts 1, 2 and 4 at the close of the evidence. Accordingly, he must demonstrate plain error by the district court.

67
Federal Rule of Criminal Procedure 8 provides, in relevant part:

68
(a) Joinder of Offenses. The indictment or information may charge a defendant in separate counts with 2 or more offenses if the offenses charged — whether felonies or misdemeanors or both — are of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan.

69
Fed.R.Crim.P. 8(a). Rule 14 provides, in relevant part:

70
(a) Relief. If the joinder of offenses or defendants in an indictment, an information, or a consolidation for trial appears to prejudice a defendant or the government, the court may order separate trials of counts, sever the defendants' trials, or provide any other relief that justice requires.

71
Fed.R.Crim.P. 14(a). The record clearly shows that all of the counts in Bowker's indictment were of the same or similar character and that the allegations thereunder were an integral part of Bowker's common scheme to harass and threaten Knight. This scheme involved a 14-month campaign of sending emails and regular mail and placing telephone calls to her workplace in Youngstown; sending mail to her parent's home; placing telephone calls to Knight's unpublished home number in West Virginia; placing telephone calls to Knight's West Virginia workplace; sending mail to Knight's West Virginia home; and stealing Knight's mail from her West Virginia home. Thus, all of the counts properly were joined pursuant to Rule 8, and the district court did not plainly err under Rule 14 by refusing to sever the mail theft count.

72
Bowker also has not demonstrated that the district court committed plain error when it rejected his argument that severance was required in order to permit him to testify as to the mail theft count, but to avoid testimony as to the stalking and telephone harassment counts. The Tenth Circuit confronted a similar argument in United States v. Martin, 18 F.3d 1515, 1518-19 (10th Cir.1994), stating:

73
Martin contends that the denial of his severance motion "forced [him] to testify at trial and convict himself as to the drug count in an attempt to win an acquittal of the gun count.".... Martin further contends that inasmuch as he "had both important testimony to give concerning one count and a strong need to refrain from testifying on the other," .... the district court's refusal to sever the counts deprived him of a fair trial....[N]o need for a severance exists until the defendant makes a convincing showing that he has both important testimony to give concerning one count and a strong need to refrain from testifying on the other. Applying these standards to our case, we hold that Martin failed to demonstrate a convincing need for a severance.

74
Several other circuits have applied the same or similar standards. E.g., United States. v. Alosa, 14 F.3d 693, 695 (1st Cir.1994) (holding that defendant did not deserve severance because he failed to make a convincing showing that he had both important testimony to give concerning one count and a strong need to refrain from testifying on the other); United States v. Gorecki, 813 F.2d 40, 43 (3d Cir.1987) (holding that defendant's bare allegation that the joinder of counts prevented his testimony on one count, without a specific showing as to what that testimony may have been, failed to meet the stringent requirements for severance under Rule 14); United States v. Ballis, 28 F.3d 1399, 1408 (5th Cir.1994) (affirming denial of severance because defendant did not point out this alleged dilemma in testifying about some counts but not others with sufficient specificity for the trial court to have abused its discretion in denying the motion); United States v. Alexander, 135 F.3d 470, 477 (7th Cir.1998) (noting that there may be cases in which a defendant can convincingly show that he has important testimony to give on one count but a strong need to remain silent on another, and in that circumstance, severance may be required; affirming denial of severance because defendant failed to provide specific examples of the exculpatory testimony that he would testify about).

75
It is clear that Bowker failed to make a "convincing showing" that he had important testimony concerning the interstate stalking and telephone harassment counts, as well as a "strong need" to refrain from testifying on the mail theft count. Indeed, his motion to sever provided absolutely no indication as to what his testimony would be on the stalking and harassment counts, stating only that his testimony was "anticipated to be crucial" because these crimes have a specific intent requirement. In addition, Bowker showed absolutely no need to avoid testifying on the mail theft count, merely arguing that his testimony on this count was "not needed" because mail theft lacks a specific intent requirement. Such non-specific assertions of prejudice are insufficient to warrant severance under Rule 14. For these reasons, the district court did not commit plain error in refusing to sever the counts of the indictment.

V

Right to Self-Representation

76
Bowker argues that he is entitled to a new trial because the district court denied his constitutional right to represent himself. We review such a denial for an abuse of discretion. Robards v. Rees, 789 F.2d 379, 384 (6th Cir.1986).

77
On January 22, 2002, Bowker, then represented by counsel, filed on his own initiative a hand-written motion "for release of appointed attorney." In that motion, Bowker stated, "Now Comes Defendant, being first advised of his rights to an attorney, and does now knowingly, willingly, and intelligently waive his rights, to court-appointed counsel." The district court purported to deny that motion via a hand-written minute order on January 28, 2002, stating that "Defendant's pro se motion for new counsel is denied." The court did not refer to the fact that Bowker's motion did not seek new counsel, but to waive his right to counsel. Bowker, however, soon had a change of heart about representing himself because on March 26, 2002, Bowker's attorney moved to withdraw as counsel due to "the fractured lawyer-client relationship." In an attached statement signed by Bowker, Bowker requested that his appointed lawyer withdraw from the case "and that a new lawyer be appointed to represent" him. The court granted the motion on April 10, 2002 and appointed a new federal public defender for Bowker on April 22, 2002.

78
The sixth and fourteenth amendments guarantee state criminal defendants the right of self-representation at trial. See Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975). Since it is more likely than not that a defendant would fare better with the assistance of counsel, id. at 835, 95 S. Ct. 2525, he will be permitted to represent himself only when he "knowingly and intelligently" relinquishes his right to counsel. Id. Such a knowing waiver must be made by a "clear and unequivocal" assertion of the right to self-representation. Id."Once there is a clear assertion of that right, the court must conduct a hearing to ensure that the defendant is fully aware of the dangers and disadvantages of proceeding without counsel." Raulerson v. Wainwright, 732 F.2d 803, 808 (11th Cir.1984) (citation omitted).

79
We hold that the district court erred in denying Bowker's January 22, 2002 motion to represent himself which was accompanied by a clear and unequivocal assertion of the right to self-representation. At a minimum, the court should have conducted some inquiry into the bases for Bowker's motion. It is not apparent from the record that the district court did anything other than misconstrue the motion as a motion for appointment of new counsel and then deny the motion. Nevertheless, the district court's error was rendered harmless by Bowker's change of heart about self-representation over two months prior to trial. As noted above, after being denied the right to represent himself, Bowker explicitly joined his then-attorney's motion to withdraw from the case and to have new counsel appointed for him. Thus, Bowker's last indication to the district court on the matter was that he did not wish to represent himself. Cf. id. at 809 ("Even if Raulerson's letter of July 18, 1980 constituted a clear and unequivocal demand to represent himself, his agreement to proceed with the assistance of an attorney waived that original request...."). Accordingly, the district court's erroneous disposition of the January 22, 2002 motion for self-representation was rendered harmless error by Bowker's subsequent waiver of his right to self-representation. Bowker, therefore, is not entitled to a new trial.

VI

Motion to Return Seized Property

80
On February 5, 2002, Bowker filed a pro se motion for return of seized property and items, pursuant to Rule 41 of the Federal Rules of Criminal Procedure. He sought an order from the court directing the government to return all items and tangible objects which were not going to be used as evidence in his case. As of May 29, 2002, the district court had not yet ruled on the motion, so Bowker filed a "request for ruling on motion for return of property." On June 4, 2002, the district court denied Bowker's request for a ruling on the motion for return of property. No reasons were provided by the court for the denial, and the district court never held a hearing on, nor has it ever ruled on, the underlying motion for return of property.

Rule 41 provides, in relevant part:

81
(g) Motion to Return Property. A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion. If it grants the motion, the court must return the property to the movant, but may impose reasonable conditions to protect access to the property and its use in later proceedings.

82
Fed.R.Crim.P. 41(g). In United States v. Hess, 982 F.2d 181 (6th Cir.1992), this Court observed that "`[a] district court has both the jurisdiction and the duty to return the contested property once the government's need for it has ended.'" Id. at 187 (internal quotation marks omitted); quoting United States v. Martinson, 809 F.2d 1364, 1370 (9th Cir.1987) (citing United States v. Wilson, 540 F.2d 1100, 1103-04 (D.C.Cir.1976)). There, the district court had failed to address the legal or factual issues raised in a party's motion for return of seized records. The Court found it significant that no hearing was held regarding who was entitled to possession of the documents, and the district court had failed to consider the merits of the moving party's arguments. The Court also was troubled because there were no findings of fact or conclusions of law regarding which party was entitled to retain the records. Accordingly, the Court held that the district court did not discharge its duty under Rule 41(g) to hear and decide the issues, reasoning that Rule 41(g) "clearly contemplates a hearing `on any issue of fact necessary to the decision of the motion.'" Id. at 186.

83
Hess is directly on point. The district court below simply ignored Bowker's motion to return records, and when Bowker filed a motion to have the court rule on that motion, the court denied the motion, without ever reaching the merits of the underlying motion. The court held no hearing, took no evidence, and gave no indication that it ever has considered the merits of Bowker's motion. Accordingly, on remand, the district court shall hold a hearing on Bowker's motion for return of records, take evidence on any factual issues necessary to resolve that motion, and promptly rule on that motion.

VII

84
Motion for a Judgment of Acquittal as to Counts 1, 2 and 4

85
Bowker challenges the district court's failure to grant his motion for a judgment of acquittal on Counts 1, 2 and 4 of the indictment, pursuant to Rule 29 of the Federal Rules of Criminal Procedure. For the reasons that follow, we affirm the judgment of the district court.

A. Standard of Review

86
"In reviewing a district court's denial of a motion for judgment of acquittal on a claim of insufficient evidence, `the relevant question is whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.'" United States v. Lloyd, 10 F.3d 1197, 1210 (6th Cir.1993) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781,  61 L. Ed. 2d 560 (1979)). "If the evidence, however, is such that a rational fact finder must conclude that a reasonable doubt is raised, this court is obligated to reverse a denial of an acquittal motion." Id. (quoting United States v. Collon, 426 F.2d 939, 942 (6th Cir.1970)). The district court's findings of fact are reviewed for clear error, and circumstantial evidence alone is sufficient to sustain a conviction. Nationwide Mut. Ins. Co. v. Home Ins. Co., 278 F.3d 621, 625 (6th Cir.2002); United States v. Peters, 15 F.3d 540, 544 (6th Cir.1994).

B. Interstate Stalking Count

87
Count 1 of the indictment charges Bowker with interstate stalking, in violation of 18 U.S.C. § 2261A(1). The government was required to prove:

88
(1) that the defendant traveled in interstate or foreign commerce;

89
(2) with the intent to kill, injure, harass, or intimidate another person; and

90
(3) in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family of that person, or the spouse or intimate partner of that person.

91
Bowker argues that the government did not prove, pursuant to the interstate stalking count, that the "result of" Bowker's travel from Ohio to West Virginia in July, 2001, was to put Knight in reasonable fear of her life or bodily injury, because Knight did not learn of Bowker's travels until August 2001, after he had completed his travel. This argument is specious. Knight learned of Bowker's travel to West Virginia because he sent her numerous photographs informing her that he had been in the state the preceding month. Accompanying the photographs was the statement, "Take the photos out to read the backs of them. Send me an E-mail address. It keeps me long distance, you know what I mean." The clear implication of this statement was that Bowker would continue to communicate with Knight, unless she provided him with her email address. The jury was entitled to infer that this statement, combined with the photographs of Bowker at various locations in West Virginia, was intended to intimidate Knight by showing her that Bowker had traveled to her state and would do so in the future. The statute did not require the government to show that Bowker actually intended to harass or intimidate Knight during his travels, only that the result of the travel was a reasonable apprehension of fear in the victim. Since Knight testified that she was afraid that Bowker might rape her, and her fear seemed reasonable, the government proved all of the elements of the interstate stalking count.

C. Cyberstalking Count

92
Count 2 of the indictment charges Bowker with cyberstalking, in violation of 18 U.S.C. § 2261A(2). The government was required to prove:

93
(1) Bowker intentionally used the mail or any facility of interstate or foreign commerce;

94
(2) Bowker engaged in a course of conduct with the intent to place Knight in reasonable fear of death of, or serious bodily injury to, herself, her spouse or intimate partner, or a member of her immediate family; and

95
(3) Bowker's course of conduct actually placed Knight in reasonable fear of death of, or serious bodily injury to, herself.

96
The evidence shows that Bowker's intended to instill in Knight a fear of death or serious bodily harm through use of the mails and other facilities of interstate commerce, required elements of the cyberstalking count. During a June 12, 2001 telephone conversation with Knight, Bowker told her: You don't know where I'm at. I might be in your house in Dunbar[, West Virginia]; you don't know that.... I know all of your neighbors..... And I have access to all that information, just like anybody else does who knows where to find it. I have an enormous amount of things about you that I'm not going to disclose unless I have to. I'm not going to tell anybody about it except if you lie to me. I might not say anything to you at the time, but that might come back, you know..... I know the names of all your relatives and where they live..... I know your brothers' wives['] names, their ages, their Social Security numbers and their birth dates .... and their property values..... Maybe I live on 20th street in Dunbar..... Maybe I watch you with binoculars all the time and maybe I don't.

97
(J.A. 985-88, 1000.) A July 16, 2001 letter that Bowker sent to Knight at the television station had both sexual and threatening connotations. It read, in part:

98
No. 1. You do not hang up on me.

99
No. 2. You do not hang up on me, ever.

100
No. 3. If and when I call CBS 13 asking about a news story that you reported on, you do not hang up on me. You must at least do the bare minimum and answer my news related questions.

101
I know what you value most in life, your bullshit fake ass 1997 Pontiac Grand Am, which is about top on your list as well as two other things. As far as the Grand Am is concerned, say good-bye to it. I am going to file a mechanics lien on it immediately and later seek civil forfeiture.

102
All that you ... would have to do is be polite, be nice, and answer my news-related questions, just like the rest of the reporters, except your buddy April Kaull. I'm going to file a lien on her vehicle too. You are both fuck-ups, assholes and seriously emotionally and mentally unbalanced.....

103
Also, WOWK will hire just about anyone. Or at least a pretty girl reporter, as long as she does her hair and makeup well.....

104
That vehicle is exemplary of you, pretty on the outside and very worthless inside. You have female genitals and that is about it. You are a very slander to the word woman. Oh, yeah, you dress like one but so do transvestites. I think I would rather spend the evening with a pretty transvestite than with you.....

105
Anyhow, I also think that it is time for your neighbors to get to know you better and I will be making attempts to inform them about how the prima donna from Ohio things [sic] she can eat from the top and throw her garbage on the sidewalk of West Virginia and Dunbar.....

106
I also noticed that you already had the job and residence in West Virginia when you had your Ohio License plates renewed, for one year anyhow.....

107
So bye-bye, fuck you, you are an asshole and a sociopath and an embarrassment to mothers everywhere, sir. In parenthesis: (I wasn't bringing up the mental case thing again since it is genetic.)

108
Yes, sir. Adios, Eric [sic]. Smooch. Smooch.

109
(J.A. 1011-15.) In August 2001, Bowker left a series of messages on Knight's answering machine asking that Knight or Knight's friend call him back, which did not occur. These messages contained statements that Knight reasonably could perceive to be threats to her personal safety. Excerpts include the following statements: I don't even know why I'm nice to you ever at all, you and your fucked-up friend should not even be working in the media. You know you gotta mother-fucking realize there's like 50 percent men in this country and you better mother-fucking learn that you're going to have to deal with us sometime.....

110
Well, it looks like nobody is going to answer me if Tina Knight is okay, so I'm gonna take the 1:00 a.m. bus out of Columbus, Ohio and come down there and see for myself. Okay, I'll be there about 6:00 a.m. Bye.

111
(J.A. 1226-27.) Since Knight testified that these intentionally intimidating, threatening and harassing interstate communications made her afraid to leave the house everyday and that Bowker might try to rape her, the government proved all of the elements of the cyberstalking count.

D.Telephone Harassment Count

112
Count 4 of the indictment charged Bowker with telephone harassment, in violation of 47 U.S.C. § 223(a)(1)(C). The government had to prove that:

113
(1) Bowker made interstate telephone calls to Knight;

114
(2) Bowker did not disclose his identity in the telephone calls; and

115
(3) in the telephone calls, whether or not conversation or communication ensued, Bowker intended to annoy, abuse, threaten, or harass Knight or any person at the called number.

116
Bowker's primary argument against his conviction for telephone harassment is that Knight allegedly was aware of Bowker's identity when she received his calls. The statute, however, does not preclude criminal responsibility merely because the recipient may suspect, or have a very good idea of, the caller's identity. Rather, assuming that Bowker called Knight with the requisite intent to annoy, abuse, threaten, or harass, the only issue is whether Bowker disclosed his identity in those calls. It is clear that in all of the at-issue telephone calls, Bowker never affirmatively identified himself as Erik Bowker. In fact, he denied being Bowker during a conversation with Knight on June 12, 2001, and instead stated that his name was Mike. Thus, a straightforward application of the telephone harassment statute shows that the jury reasonably found the non-disclosure element to be satisfied.

VIII

117
Motion for a New Trial on Counts 1, 2 and 4

118
The denial of a defendant's motion for a new trial under Federal Rule of Criminal Procedure 33 is reviewed for abuse of discretion. United States v. Ashworth, 836 F.2d 260, 266 (6th Cir.1988). The Court is "limited to examining the evidence produced at trial to determine whether the district court's determination that the evidence does not `preponderate heavily against the verdict' is a clear and manifest abuse of discretion." Id. (citation omitted). As discussed in the preceding section, there was ample evidence to support Bowker's convictions on Counts 1, 2 and 4 of the indictment. Thus, it was not an abuse of discretion to find that the evidence did not preponderate heavily against the verdict.

IX

119
Upward Departure for Extreme Psychological Harm to the Victim

120
After Bowker's convictions, he was sentenced pursuant to the 2000 edition of the United States Sentencing Commission Guidelines Manual ("Guidelines"). Based upon a final offense level of 19, and a criminal history corresponding to Category V, Bowker's Guidelines' range was between 57 and 71 months. The government moved for a three level upward departure in his sentence based on extreme psychological injury to the victim, Tina Knight. The basis for the motion was, in part, Guidelines § 5K2.3. The district court granted the motion for upward departure. Because Bowker argues that the sentence imposed by the district court was outside the applicable guideline range and was based on a factor that is not justified by the facts of the case, this Court reviews the district court's determination under a de novo standard. 18U.S.C. § 3742(e).

Section 5K2.3 of the Guidelines provides:

121
§ 5K2.3. EXTREME PSYCHOLOGICAL INJURY (POLICY STATEMENT)

122
If a victim or victims suffered psychological injury much more serious than that normally resulting from commission of the offense, the court may increase the sentence above the authorized guideline range. The extent of the increase ordinarily should depend on the severity of the psychological injury and the extent to which the injury was intended or knowingly risked.

123
Normally, psychological injury would be sufficiently severe to warrant application of this adjustment only when there is a substantial impairment of the intellectual, psychological, emotional, or behavioral functioning of a victim, when the impairment is likely to be of an extended or continuous duration, and when the impairment manifests itself by physical or psychological symptoms or by changes in behavior patterns. The court should consider the extent to which such harm was likely, given the nature of the defendant's conduct.

124
Guidelines § 5K2.3 (Nov. 1, 2000). With regard to the crime of stalking, Guidelines § 2A6.2 instructs that "an upward departure may be warranted if the defendant stalked the victim on many occasions over a prolonged period of time." Guidelines § 2A6.2, Application Note 5.

125
The record shows that Bowker stalked Knight on many occasions and over a prolonged period of time. See Guidelines § 2A6.2, Application Note 5. FBI Special Agent James McNamara, an expert on stalking crimes, testified at the sentencing hearing as to the extreme nature of Bowker's conduct. McNamara pointed to the facts that the harassment occurred over a period of years and in two different states; involved numerous, multi-media contacts (letters, telephone calls, email and interstate travel); and involved contacts with Knight's friends and family members. Further, Bowker's campaign of harassment substantially impaired Knight's "behavioral functioning" as manifested by "changes in [her] behavior patterns." Guidelines § 5K2.3. Knight was so distressed that she was left with profound feelings of paranoia and felt compelled to change banks and unlist her phone number, and have her bills sent to a different address. She also purchased a gun, routinely uses a security escort, and, most unfortunately, decided to forgo her on-air news career.

126
Knight's Victim Impact Statement movingly captures the extreme psychological distress that Bowker's stalking activities inflicted on her:

127
The two years that I was stalked changed my family and me. First of all since the stalking began because of my job as a television news reporter it has turned me off to a future in that career.....I don't want to be anyone's favorite newscaster because I fear it will turn into another situation like the one I had.....I am also concerned about major purchases in the future, like a home, and how he may be able to track me down.....Even writing this I am careful not to mention anything about my personal life for fear he will read this and it will give him another means by which to contact me.....I am concerned about the rest of my life.....I am not confident this will stop. That is my biggest fear. When he gets out of jail this could start all over again so I truly can never relax. It's just putting off my ultimate fear that someday, no matter what I do, he will show up at my front door with intent to harm me. By now I've given him reason to really hate me in his mind. I testified against him in court and helped put him in jail. I hope he isn't out for revenge.4

128
We hold that the above-described facts amply justified the district court's upward departure determination. Cf. United States v. Otto, 64 F.3d 367, 371 (8th Cir.1995) (affirming upward departure where stalking victim lived in constant fear for herself and for her children and was always on the lookout for the defendant; could not eat or sleep; lost weight; required counseling; and feared the defendant's ultimate release); United States v. Miller, 993 F.2d 16, 21 (2d Cir.1993) (affirming upward departure after the defendant had engaged in a three year campaign of harassment; noting that the victim had been afraid to answer the telephone or open her mail for three years; was afraid to remain in the New York area; and believed that the years of harassment had hastened her husband's demise).

X

Expert Testimony on Stalking

129
As noted in the preceding section, the government called an expert on stalking crimes, FBI Special Agent James McNamara, to testify at Bowker's sentencing hearing. Bowker argues that the district court's decision to hear the testimony of Agent McNamara was erroneous and that the court's decision should be reviewed for an abuse of discretion under Federal Rule of Evidence 702. The Federal Rules of Evidence, however, are by their own terms expressly inapplicable to sentencing hearings. Fed.R.Evid. 1101(d)(3). According to the federal statute that governs the use of information in sentencing, "[n]o limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence." 18 U.S.C. § 3661. The Supreme Court has explained that this statute "codifies the longstanding principle that sentencing courts have broad discretion to consider various kinds of information." United States v. Watts, 519 U.S. 148, 151, 117 S. Ct. 633, 136 L. Ed. 2d 554 (1997). Accordingly, this Court reviews the district court's admission of Agent McNamara's testimony for an abuse of discretion in determining that the testimony had "sufficient indicia of reliability to support its probable accuracy." Guidelines § 6A1.3(a).

130
Agent McNamara has been with the FBI for 15 years and is assigned to the FBI as a behavioral analyst. His duties include looking at the behavior of criminals, conducting research with convicted offenders and disseminating the results of that research, and working on active criminal cases as a law enforcement consultant. McNamara has been trained in a variety of disciplines, including criminal justice, psychology, forensic science, anthropology and psychology. Based on his review of transcripts and other materials pertaining to Bowker's case, McNamara testified that Bowker had engaged in multimedia attempts to contact Knight, including letters, email, telephonic contacts, and the sending of gifts. McNamara opined that the sending of gifts in a stalking case is "significantly important in the areas of increased dangerousness." He further testified that Bowker escalated his activity, from contacts through the mail, to telephonic and electronic mail contact, to traveling interstate to pursue Knight. McNamara also indicated that Bowker's past history of violence, including domestic abuse, was a predictor of future dangerousness or violence. As a consequence of these findings, McNamara concluded that Bowker was a more dangerous type of stalker.

131
We hold that the district court did not abuse its discretion in admitting Agent McNamara's testimony at the sentencing hearing. His testimony was relevant to the court's application of Guidelines § 2A6.2, which determines how the base offense level is to be calculated for the crime of stalking. Guideline § 2A6.2 provides for a two-level increase in the base offense level for a pattern of activity involving stalking, threatening, harassing, or assaulting the same victim. McNamara's testimony directly addressed this issue. Agent McNamara's testimony also was relevant to determining whether an upward departure was warranted for extreme psychological injury to the victim. See Guidelines § 2A6.2, Application Note 5 (instructing that the severity of the stalking may warrant an upward departure). Therefore, the district court did not err in entertaining Agent McNamara's expert testimony at sentencing.

XI

Bowker's Right of Allocution

132
Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) provides that, before imposing a sentence, the court must "address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence." Bowker argues that the district court denied him this right of allocution. We apply a de novo standard of review. United States v. Wolfe, 71 F.3d 611, 614 (6th Cir.1995).

133
After Bowker's attorney cross-examined Agent McNamara, the FBI expert on stalking, the district court asked Bowker directly, "Is there anything that you have to say to this Court before it imposes sentence?" Bowker responded that he would like to read a lengthy statement, and the court told Bowker to proceed. Bowker began by challenging his prior criminal history. The court then went through each crime that formed the foundation for the assignment of a Criminal History Category V. Bowker then asked to address some things that occurred during his trial, and the court told him to proceed. Bowker gave a lengthy justification for his conduct underlying his convictions, complained about not being able to testify as to his intent, and pointed out that he has severe physical disabilities and mental problems. Bowker next complained about the performance of his attorney. Bowker then asked the court to have his mother testify, which the court permitted. The only request the district court appeared to deny Bowker was his desire to read a 15-page statement into the record. Based on the totality of the circumstances, we see no merit to Bowker's argument that he was denied the right of allocution. Cf. United States v. Kellogg, 955 F.2d 1244, 1250 (9th Cir.1992) ("Although the defendant has a right of allocution at sentencing, that right is not unlimited.").

XII

Conclusion

134
For all the foregoing reasons, we AFFIRM Defendant Bowker's convictions and sentence. This case shall be REMANDED for the district court to conduct a hearing and to rule on Bowker's motion to return seized property.

Notes:

*
The Honorable Richard Mills, United States District Judge for the Central District of Illinois, sitting by designation

1
Count 1 of the indictment charges Bowker with interstate stalking, in violation of 18 U.S.C. § 2261A(1). That section penalizes whoever:

travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person.

2
Count 2 of the indictment charges Bowker with cyberstalking, in violation of 18 U.S.C. § 2261A(2). That section penalizes whoever: with the intent —

(A) to kill or injure a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to —

(i) that person;

(ii) a member of the immediate family (as defined in section 115) of that person; or

(iii) a spouse or intimate partner of that person,

uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii).

3
Count 4 of the indictment charges Bowker with telephone harassment, in violation of 47 U.S.C. § 223(a)(1)(C). That section penalizes whoever:

(1) in interstate or foreign communications —

(C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications.

4
Bowker made Knight's Victim Impact Statement part of the public record in the district court when he attached it as an exhibit to his response to the United States' motion for an upward departure

text: United

text: States

text: v

text: Erik

text: Bowker

text: F

text: d

text: th

text: Cir

text: Court

text: of

text: Appeals

text: for

text: the

text: Sixth

text: Circuit

text: Filed

text: June

text: th

text: Precedential

text: Status

text: Precedential

text: Citations

text: F

text: d

text: Docket

text: Number

text: F

text: d

text: UNITED

text: STATES

text: of

text: America

text: Plaintiff

text: Appellee

text: v

text: Erik

text: BOWKER

text: Defendant

text: Appellant

text: No

text: United

text: States

text: Court

text: of

text: Appeals

text: Sixth

text: Circuit

text: Submitted

text: March

text: Decided

text: and

text: Filed

text: June

text: COPYRIGHT

text: MATERIAL

text: OMITTED

text: COPYRIGHT

text: MATERIAL

text: OMITTED

text: COPYRIGHT

text: MATERIAL

text: OMITTED

text: COPYRIGHT

text: MATERIAL

text: OMITTED

text: Edward

text: F

text: Feran

text: briefed

text: Assistant

text: United

text: States

text: Attorney

text: Cleveland

text: OH

text: for

text: Appellee

text: Jay

text: Milano

text: briefed

text: Milano

text: Co

text: Rocky

text: River

text: OH

text: for

text: Appellant

text: Before

text: MARTIN

text: and

text: CLAY

text: Circuit

text: Judges

text: MILLS

text: District

text: Judge

text: OPINION

text: CLAY

text: Circuit

text: Judge

text: Defendant

text: Appellant

text: Erik

text: S

text: Bowker

text: appeals

text: his

text: convictions

text: and

text: sentence

text: for

text: one

text: count

text: of

text: interstate

text: stalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: one

text: count

text: of

text: cyberstalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: one

text: count

text: of

text: theft

text: of

text: mail

text: in

text: violation

text: of

text: U

text: S

text: C

text: and

text: one

text: count

text: of

text: telephone

text: harassment

text: in

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: Bowker

text: also

text: appeals

text: the

text: district

text: court

text: s

text: failure

text: to

text: rule

text: on

text: his

text: motion

text: to

text: return

text: seized

text: property

text: and

text: the

text: district

text: court

text: s

text: enhancement

text: of

text: his

text: sentence

text: based

text: on

text: extreme

text: psychological

text: harm

text: to

text: the

text: victim

text: For

text: the

text: reasons

text: that

text: follow

text: we

text: AFFIRM

text: Bowker

text: s

text: convictions

text: and

text: sentence

text: but

text: REMAND

text: to

text: the

text: district

text: court

text: for

text: a

text: ruling

text: on

text: Bowker

text: s

text: motion

text: to

text: return

text: seized

text: property

text: Facts

text: A

text: Procedural

text: History

text: On

text: August

text: United

text: States

text: Magistrate

text: Judge

text: George

text: J

text: Limbert

text: signed

text: a

text: criminal

text: complaint

text: charging

text: Erik

text: S

text: Bowker

text: Bowker

text: with

text: one

text: count

text: of

text: telephone

text: harassment

text: in

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: Bowker

text: was

text: arrested

text: on

text: August

text: On

text: September

text: the

text: magistrate

text: judge

text: held

text: a

text: preliminary

text: examination

text: and

text: detention

text: hearing

text: for

text: Bowker

text: The

text: magistrate

text: judge

text: determined

text: that

text: probable

text: cause

text: for

text: Bowker

text: s

text: arrest

text: had

text: been

text: established

text: and

text: he

text: ordered

text: Bowker

text: detained

text: On

text: September

text: a

text: federal

text: grand

text: jury

text: returned

text: a

text: four

text: count

text: indictment

text: against

text: Bowker

text: Bowker

text: was

text: charged

text: with

text: one

text: count

text: of

text: interstate

text: stalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: one

text: count

text: of

text: cyberstalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: one

text: count

text: of

text: theft

text: of

text: mail

text: in

text: violation

text: of

text: U

text: S

text: C

text: and

text: one

text: count

text: of

text: telephone

text: harassment

text: in

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: Bowker

text: filed

text: several

text: pretrial

text: motions

text: which

text: are

text: the

text: subject

text: of

text: this

text: appeal

text: a

text: pro

text: se

text: motion

text: to

text: represent

text: himself

text: a

text: motion

text: to

text: dismiss

text: Counts

text: and

text: of

text: the

text: indictment

text: a

text: motion

text: to

text: sever

text: Count

text: from

text: the

text: indictment

text: a

text: motion

text: to

text: suppress

text: evidence

text: and

text: a

text: pro

text: se

text: motion

text: for

text: return

text: of

text: seized

text: property

text: and

text: items

text: pursuant

text: to

text: Rule

text: of

text: the

text: Federal

text: Rules

text: of

text: Criminal

text: Procedure

text: The

text: district

text: court

text: denied

text: all

text: of

text: the

text: foregoing

text: motions

text: except

text: for

text: the

text: motion

text: to

text: return

text: seized

text: property

text: on

text: which

text: the

text: district

text: court

text: never

text: ruled

text: On

text: March

text: after

text: the

text: denial

text: of

text: Bowker

text: s

text: pro

text: se

text: motion

text: to

text: represent

text: himself

text: Bowker

text: s

text: counsel

text: moved

text: to

text: withdraw

text: from

text: the

text: case

text: and

text: Bowker

text: signed

text: a

text: separate

text: statement

text: asking

text: the

text: court

text: to

text: grant

text: the

text: motion

text: and

text: assign

text: him

text: new

text: counsel

text: The

text: district

text: court

text: granted

text: the

text: motion

text: and

text: assigned

text: Bowker

text: new

text: counsel

text: Bowker

text: s

text: jury

text: trial

text: commenced

text: on

text: June

text: On

text: June

text: the

text: jury

text: returned

text: verdicts

text: of

text: guilty

text: against

text: Bowker

text: on

text: all

text: counts

text: On

text: September

text: the

text: government

text: moved

text: for

text: an

text: upward

text: departure

text: from

text: the

text: sentencing

text: guidelines

text: based

text: on

text: the

text: victim

text: s

text: extreme

text: psychological

text: harm

text: On

text: September

text: the

text: district

text: court

text: sentenced

text: Bowker

text: to

text: months

text: incarceration

text: three

text: years

text: of

text: supervised

text: release

text: and

text: a

text: special

text: assessment

text: In

text: assessing

text: the

text: term

text: of

text: incarceration

text: the

text: district

text: court

text: granted

text: the

text: government

text: s

text: motion

text: for

text: an

text: upward

text: departure

text: B

text: Substantive

text: Facts

text: In

text: March

text: Tina

text: Knight

text: began

text: working

text: as

text: a

text: part

text: time

text: general

text: assignment

text: reporter

text: at

text: WKBN

text: Television

text: in

text: Youngstown

text: Ohio

text: WKBN

text: has

text: a

text: general

text: email

text: account

text: for

text: most

text: employees

text: and

text: in

text: June

text: WKBN

text: received

text: a

text: number

text: of

text: emails

text: relating

text: to

text: Knight

text: The

text: emails

text: were

text: sent

text: from

text: several

text: different

text: email

text: addresses

text: and

text: purported

text: to

text: be

text: from

text: an

text: individual

text: variously

text: identified

text: as

text: User

text: x

text: Eric

text: Neubauer

text: Karen

text: Walters

text: and

text: BB

text: Several

text: of

text: the

text: emails

text: attached

text: photographs

text: with

text: verbal

text: captions

text: One

text: caption

text: referred

text: to

text: Knight

text: being

text: shot

text: with

text: a

text: pellet

text: gun

text: and

text: another

text: email

text: said

text: Thanks

text: for

text: my

text: daily

text: Tina

text: Knight

text: fix

text: Thanks

text: for

text: helping

text: me

text: get

text: my

text: nuts

text: off

text: and

text: another

text: said

text: More

text: Tina

text: Knight

text: that

text: is

text: what

text: I

text: want

text: and

text: need

text: After

text: receiving

text: approximately

text: nine

text: of

text: these

text: types

text: of

text: email

text: WKBN

text: s

text: news

text: director

text: took

text: them

text: to

text: the

text: station

text: s

text: general

text: manager

text: They

text: then

text: contacted

text: Special

text: Agent

text: Deane

text: Hassman

text: of

text: the

text: FBI

text: Soon

text: thereafter

text: Knight

text: was

text: shown

text: the

text: emails

text: and

text: she

text: was

text: stunned

text: and

text: frightened

text: FBI

text: Agent

text: Hassman

text: began

text: investigating

text: the

text: Tina

text: Knight

text: emails

text: in

text: July

text: Hassman

text: was

text: concerned

text: about

text: Knight

text: s

text: personal

text: safety

text: based

text: on

text: the

text: content

text: of

text: the

text: emails

text: One

text: of

text: the

text: emails

text: that

text: concerned

text: Hassman

text: stated

text: I

text: m

text: not

text: the

text: type

text: of

text: obsessed

text: viewer

text: that

text: hides

text: in

text: the

text: bushes

text: near

text: your

text: home

text: to

text: watch

text: you

text: come

text: home

text: from

text: work

text: but

text: we

text: shall

text: see

text: That

text: may

text: actually

text: be

text: fun

text: Another

text: disturbing

text: email

text: stated

text: in

text: part

text: Dear

text: Ms

text: Knight

text: Now

text: I

text: m

text: really

text: pissed

text: that

text: you

text: were

text: looking

text: even

text: cuter

text: than

text: normally

text: You

text: fucked

text: up

text: a

text: little

text: bit

text: and

text: here

text: I

text: am

text: watching

text: on

text: this

text: black

text: and

text: white

text: thrift

text: store

text: TV

text: Cute

text: cute

text: cute

text: I

text: bet

text: you

text: were

text: a

text: Ho

text: at

text: Ohio

text: University

text: in

text: Athens

text: doing

text: chicks

text: and

text: everything

text: Wow

text: On

text: July

text: Hassman

text: sent

text: emails

text: to

text: the

text: various

text: email

text: addresses

text: on

text: the

text: correspondence

text: pertaining

text: to

text: Knight

text: Hassman

text: asked

text: the

text: sender

text: of

text: the

text: emails

text: to

text: contact

text: him

text: so

text: that

text: he

text: could

text: determine

text: the

text: sender

text: s

text: intent

text: Within

text: to

text: hours

text: Hassman

text: received

text: a

text: telephone

text: call

text: from

text: an

text: individual

text: who

text: identified

text: himself

text: as

text: Erik

text: Bowker

text: Hassman

text: wanted

text: to

text: set

text: up

text: a

text: meeting

text: with

text: Bowker

text: so

text: Hassman

text: could

text: positively

text: identify

text: the

text: sender

text: of

text: the

text: emails

text: and

text: also

text: ask

text: him

text: to

text: cease

text: and

text: desist

text: from

text: contacting

text: Knight

text: They

text: arranged

text: to

text: meet

text: at

text: the

text: public

text: library

text: in

text: Youngstown

text: but

text: Bowker

text: never

text: showed

text: A

text: few

text: weeks

text: later

text: Knight

text: began

text: receiving

text: hand

text: written

text: notes

text: at

text: WKBN

text: the

text: majority

text: of

text: which

text: were

text: signed

text: by

text: Doug

text: Wagner

text: By

text: September

text: the

text: letters

text: were

text: arriving

text: at

text: the

text: station

text: almost

text: every

text: couple

text: of

text: days

text: One

text: of

text: the

text: letters

text: included

text: the

text: phrase

text: All

text: this

text: week

text: I

text: will

text: be

text: playing

text: the

text: role

text: of

text: Doug

text: Wagner

text: A

text: letter

text: dated

text: August

text: was

text: signed

text: Chad

text: Felton

text: stated

text: I

text: think

text: you

text: are

text: a

text: super

text: babe

text: and

text: included

text: a

text: necklace

text: The

text: return

text: addresses

text: on

text: the

text: letters

text: were

text: one

text: of

text: two

text: P

text: O

text: Boxes

text: registered

text: to

text: Erik

text: Bowker

text: or

text: his

text: mother

text: Knight

text: left

text: her

text: employment

text: at

text: WKBN

text: in

text: November

text: to

text: take

text: a

text: position

text: at

text: WOWK

text: CBS

text: in

text: Charleston

text: West

text: Virginia

text: WKBN

text: did

text: not

text: inform

text: the

text: general

text: public

text: of

text: Knight

text: s

text: new

text: location

text: In

text: late

text: December

text: Knight

text: s

text: parents

text: who

text: reside

text: in

text: Medina

text: Ohio

text: received

text: a

text: card

text: and

text: a

text: handwritten

text: note

text: at

text: their

text: home

text: The

text: card

text: purported

text: to

text: be

text: from

text: Kathryn

text: Harris

text: The

text: letter

text: read

text: Dear

text: Tina

text: Knight

text: I

text: am

text: Kathryn

text: Harris

text: today

text: I

text: didn

text: t

text: want

text: your

text: parents

text: asking

text: you

text: a

text: lot

text: of

text: questions

text: nor

text: did

text: I

text: want

text: to

text: attract

text: a

text: lot

text: of

text: attention

text: to

text: you

text: My

text: letters

text: to

text: you

text: are

text: all

text: online

text: at

text: yahoo

text: com

text: in

text: a

text: standard

text: mail

text: account

text: It

text: is

text: all

text: explained

text: there

text: so

text: please

text: check

text: in

text: and

text: read

text: what

text: I

text: have

text: written

text: The

text: E

text: mail

text: address

text: is

text: tinahatesme

text: yahoo

text: com

text: Agent

text: Hassman

text: visited

text: the

text: email

text: address

text: to

text: check

text: if

text: any

text: letters

text: had

text: been

text: sent

text: to

text: the

text: email

text: address

text: mentioned

text: in

text: the

text: letter

text: Hassman

text: discovered

text: that

text: an

text: email

text: had

text: been

text: sent

text: December

text: At

text: the

text: end

text: of

text: the

text: email

text: the

text: name

text: Doug

text: Wagner

text: was

text: typed

text: The

text: email

text: read

text: in

text: part

text: I

text: told

text: you

text: I

text: would

text: not

text: contact

text: you

text: by

text: mail

text: anymore

text: but

text: I

text: am

text: sorry

text: I

text: am

text: in

text: agony

text: I

text: m

text: thinking

text: about

text: you

text: all

text: the

text: time

text: You

text: really

text: are

text: my

text: dream

text: girl

text: I

text: am

text: blinded

text: with

text: affection

text: for

text: you

text: I

text: did

text: not

text: ask

text: for

text: this

text: Nope

text: it

text: s

text: all

text: your

text: fault

text: Please

text: don

text: t

text: cat

text: dance

text: on

text: my

text: emotions

text: by

text: failing

text: to

text: respond

text: to

text: me

text: at

text: all

text: In

text: February

text: Bowker

text: filed

text: a

text: lawsuit

text: against

text: Knight

text: in

text: the

text: Mahoning

text: County

text: Common

text: Pleas

text: Court

text: Knight

text: s

text: social

text: security

text: number

text: was

text: stated

text: in

text: the

text: complaint

text: which

text: was

text: served

text: at

text: Knight

text: s

text: home

text: address

text: in

text: West

text: Virginia

text: Bowker

text: s

text: lawsuit

text: accused

text: Knight

text: of

text: stalking

text: him

text: Agent

text: Hassman

text: attended

text: a

text: status

text: conference

text: for

text: the

text: lawsuit

text: on

text: March

text: so

text: that

text: he

text: could

text: make

text: face

text: to

text: face

text: contact

text: with

text: Bowker

text: After

text: meeting

text: Bowker

text: at

text: the

text: hearing

text: and

text: confirming

text: that

text: Bowker

text: had

text: been

text: sending

text: the

text: unsolicited

text: correspondence

text: to

text: Knight

text: Hassman

text: told

text: Bowker

text: that

text: the

text: correspondence

text: was

text: unwelcome

text: and

text: might

text: be

text: a

text: violation

text: of

text: federal

text: law

text: Hassman

text: advised

text: Bowker

text: that

text: if

text: the

text: conduct

text: continued

text: it

text: might

text: result

text: in

text: his

text: arrest

text: Bowker

text: responded

text: that

text: he

text: had

text: a

text: First

text: Amendment

text: right

text: to

text: engage

text: in

text: that

text: type

text: of

text: conduct

text: Nevertheless

text: during

text: the

text: meeting

text: Bowker

text: wrote

text: and

text: signed

text: a

text: note

text: stating

text: I

text: understand

text: that

text: Tina

text: M

text: Knight

text: wishes

text: all

text: further

text: contact

text: with

text: her

text: or

text: any

text: family

text: member

text: to

text: stop

text: and

text: I

text: agree

text: to

text: do

text: so

text: pursuant

text: to

text: conversation

text: with

text: Deane

text: Hassman

text: special

text: agent

text: Federal

text: Bureau

text: of

text: Investigation

text: Bowker

text: also

text: agreed

text: to

text: voluntarily

text: dismiss

text: his

text: lawsuit

text: against

text: Knight

text: Despite

text: Bowker

text: s

text: March

text: agreement

text: to

text: cease

text: and

text: desist

text: from

text: any

text: further

text: contact

text: with

text: Knight

text: on

text: that

text: very

text: same

text: day

text: Bowker

text: mailed

text: a

text: letter

text: to

text: Knight

text: Bowker

text: also

text: continued

text: to

text: attempt

text: telephone

text: contact

text: with

text: Knight

text: Between

text: January

text: and

text: August

text: Bowker

text: made

text: telephone

text: calls

text: from

text: his

text: cell

text: phone

text: to

text: WOWK

text: CBS

text: where

text: Knight

text: worked

text: Bowker

text: also

text: made

text: calls

text: to

text: Knight

text: s

text: personal

text: residential

text: telephone

text: in

text: West

text: Virginia

text: between

text: August

text: and

text: Knight

text: s

text: number

text: was

text: unlisted

text: and

text: unpublished

text: According

text: to

text: telephone

text: records

text: each

text: of

text: the

text: calls

text: placed

text: to

text: Knight

text: s

text: home

text: were

text: preceded

text: by

text: which

text: enables

text: a

text: caller

text: to

text: block

text: identification

text: of

text: his

text: telephone

text: number

text: on

text: the

text: recipient

text: s

text: caller

text: identification

text: display

text: Bowker

text: also

text: called

text: Knight

text: s

text: co

text: worker

text: and

text: a

text: neighbor

text: As

text: the

text: telephone

text: calls

text: to

text: Knight

text: s

text: television

text: station

text: persisted

text: through

text: the

text: summer

text: of

text: Agent

text: Hassman

text: believed

text: it

text: was

text: important

text: to

text: capture

text: Bowker

text: s

text: voice

text: on

text: tape

text: so

text: Hassman

text: provided

text: Knight

text: with

text: a

text: recording

text: device

text: at

text: the

text: television

text: station

text: On

text: June

text: Knight

text: recorded

text: a

text: minute

text: telephone

text: call

text: from

text: Bowker

text: who

text: at

text: one

text: point

text: identified

text: himself

text: as

text: Mike

text: During

text: the

text: conversation

text: Bowker

text: referred

text: to

text: Knight

text: s

text: neighbors

text: her

text: family

text: members

text: and

text: her

text: social

text: security

text: number

text: He

text: also

text: indicated

text: he

text: might

text: be

text: watching

text: Knight

text: with

text: his

text: binoculars

text: Knight

text: provided

text: the

text: tape

text: to

text: the

text: FBI

text: and

text: never

text: spoke

text: to

text: Bowker

text: again

text: on

text: the

text: telephone

text: On

text: July

text: Knight

text: received

text: a

text: letter

text: at

text: the

text: television

text: station

text: In

text: the

text: letter

text: Bowker

text: referred

text: to

text: Knight

text: s

text: parents

text: and

text: stated

text: several

text: times

text: You

text: do

text: not

text: hang

text: up

text: on

text: me

text: The

text: letter

text: also

text: crassly

text: referred

text: to

text: Knight

text: s

text: car

text: threatened

text: to

text: file

text: a

text: mechanic

text: s

text: lien

text: on

text: her

text: car

text: and

text: her

text: co

text: worker

text: s

text: car

text: accused

text: Knight

text: and

text: her

text: colleague

text: of

text: being

text: fuck

text: ups

text: assholes

text: and

text: seriously

text: emotional

text: and

text: mentally

text: unbalanced

text: and

text: contained

text: numerous

text: sexual

text: references

text: The

text: letter

text: stated

text: that

text: Bowker

text: would

text: be

text: contacting

text: Knight

text: s

text: neighbors

text: pointed

text: out

text: that

text: Knight

text: had

text: not

text: registered

text: her

text: car

text: in

text: West

text: Virginia

text: and

text: concluded

text: with

text: the

text: words

text: So

text: bye

text: by

text: fuck

text: you

text: you

text: are

text: an

text: asshole

text: and

text: a

text: sociopath

text: and

text: an

text: embarrassment

text: to

text: mothers

text: everywhere

text: sir

text: Adios

text: Eric

text: Smooch

text: Smooch

text: On

text: August

text: Knight

text: received

text: a

text: certified

text: letter

text: mailed

text: to

text: her

text: residence

text: in

text: West

text: Virginia

text: Accompanying

text: the

text: letter

text: were

text: numerous

text: photographs

text: of

text: Bowker

text: at

text: various

text: locations

text: in

text: West

text: Virginia

text: Knight

text: s

text: home

text: state

text: The

text: letter

text: stated

text: in

text: part

text: Send

text: me

text: an

text: E

text: Mail

text: address

text: It

text: keeps

text: me

text: long

text: distance

text: you

text: know

text: what

text: I

text: mean

text: Knight

text: forwarded

text: the

text: letter

text: and

text: the

text: photographs

text: to

text: the

text: FBI

text: Bowker

text: s

text: credit

text: card

text: statement

text: later

text: revealed

text: purchases

text: from

text: a

text: Kmart

text: and

text: a

text: Kroger

text: near

text: Knight

text: s

text: place

text: of

text: employment

text: and

text: residence

text: in

text: West

text: Virginia

text: between

text: June

text: and

text: July

text: In

text: August

text: Bowker

text: left

text: a

text: series

text: of

text: messages

text: on

text: Knight

text: s

text: answering

text: machine

text: asking

text: that

text: Knight

text: or

text: Knight

text: s

text: friend

text: call

text: him

text: back

text: which

text: did

text: not

text: occur

text: Among

text: other

text: things

text: Bowker

text: stated

text: I

text: don

text: t

text: even

text: know

text: why

text: I

text: m

text: nice

text: to

text: you

text: ever

text: at

text: all

text: you

text: and

text: your

text: fucked

text: up

text: friend

text: should

text: not

text: even

text: be

text: working

text: in

text: the

text: media

text: You

text: know

text: you

text: gotta

text: mother

text: fucking

text: realize

text: there

text: s

text: like

text: percent

text: men

text: in

text: this

text: country

text: and

text: you

text: better

text: mother

text: fucking

text: learn

text: that

text: you

text: re

text: going

text: to

text: have

text: to

text: deal

text: with

text: us

text: sometime

text: Well

text: it

text: looks

text: like

text: nobody

text: is

text: going

text: to

text: answer

text: me

text: if

text: Tina

text: Knight

text: is

text: okay

text: so

text: I

text: m

text: gonna

text: take

text: the

text: a

text: m

text: bus

text: out

text: of

text: Columbus

text: Ohio

text: and

text: come

text: down

text: there

text: and

text: see

text: for

text: myself

text: Okay

text: I

text: ll

text: be

text: there

text: about

text: a

text: m

text: Bye

text: Knight

text: testified

text: that

text: these

text: messages

text: made

text: her

text: afraid

text: to

text: leave

text: the

text: house

text: everyday

text: and

text: she

text: feared

text: that

text: Bowker

text: might

text: try

text: to

text: rape

text: her

text: She

text: gave

text: the

text: answering

text: machine

text: recordings

text: to

text: the

text: FBI

text: Bowker

text: was

text: arrested

text: on

text: August

text: at

text: a

text: self

text: storage

text: facility

text: in

text: Youngstown

text: where

text: he

text: kept

text: some

text: of

text: his

text: possessions

text: Among

text: other

text: things

text: recovered

text: from

text: the

text: storage

text: facility

text: Bowker

text: s

text: car

text: and

text: other

text: locations

text: were

text: a

text: police

text: scanner

text: set

text: to

text: the

text: frequency

text: of

text: the

text: Youngstown

text: Police

text: Department

text: a

text: paper

text: with

text: scanner

text: frequencies

text: from

text: the

text: Dunbar

text: West

text: Virginia

text: Police

text: Department

text: letters

text: bearing

text: the

text: name

text: Chad

text: Felton

text: a

text: credit

text: report

text: for

text: Tina

text: Knight

text: Knight

text: s

text: birth

text: certificate

text: a

text: map

text: of

text: Dunbar

text: West

text: Virginia

text: Greyhound

text: bus

text: schedules

text: with

text: West

text: Virginia

text: routes

text: and

text: photos

text: taken

text: by

text: Bowker

text: during

text: a

text: West

text: Virignia

text: trip

text: on

text: July

text: which

text: included

text: pictures

text: of

text: Knight

text: s

text: place

text: of

text: work

text: her

text: car

text: and

text: CBS

text: news

text: trucks

text: The

text: FBI

text: also

text: discovered

text: that

text: Bowker

text: had

text: in

text: his

text: possession

text: a

text: Discover

text: Card

text: credit

text: card

text: bill

text: addressed

text: to

text: Tina

text: Knight

text: in

text: West

text: Virginia

text: Knight

text: never

text: received

text: that

text: statement

text: in

text: the

text: mail

text: II

text: Probable

text: Cause

text: for

text: Bowker

text: s

text: Arrest

text: Bowker

text: argues

text: that

text: the

text: magistrate

text: judge

text: erroneously

text: found

text: that

text: there

text: was

text: probable

text: cause

text: to

text: issue

text: a

text: warrant

text: for

text: his

text: arrest

text: premised

text: on

text: an

text: alleged

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: which

text: prohibits

text: telephone

text: harassment

text: He

text: further

text: argues

text: that

text: trial

text: court

text: committed

text: the

text: same

text: error

text: when

text: it

text: denied

text: Bowker

text: s

text: motion

text: to

text: suppress

text: evidence

text: obtained

text: through

text: the

text: arrest

text: warrant

text: We

text: reject

text: Bowker

text: s

text: arguments

text: for

text: the

text: reasons

text: stated

text: below

text: A

text: Standard

text: of

text: Review

text: The

text: Court

text: considers

text: the

text: evidence

text: that

text: the

text: warrant

text: issuing

text: magistrate

text: judge

text: had

text: before

text: him

text: only

text: to

text: ensure

text: that

text: the

text: magistrate

text: had

text: a

text: substantial

text: basis

text: for

text: concluding

text: that

text: probable

text: cause

text: existed

text: See

text: United

text: States

text: v

text: Jones

text: F

text: d

text: th

text: Cir

text: citing

text: Illinois

text: v

text: Gates

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: The

text: Court

text: defers

text: to

text: findings

text: of

text: probable

text: cause

text: made

text: by

text: a

text: magistrate

text: and

text: will

text: not

text: set

text: aside

text: such

text: findings

text: unless

text: they

text: were

text: arbitrarily

text: made

text: United

text: States

text: v

text: Brown

text: F

text: d

text: th

text: Cir

text: When

text: reviewing

text: a

text: district

text: court

text: s

text: denial

text: of

text: a

text: motion

text: to

text: suppress

text: the

text: Court

text: reviews

text: the

text: district

text: court

text: s

text: findings

text: of

text: fact

text: for

text: clear

text: error

text: and

text: its

text: conclusions

text: of

text: law

text: de

text: novo

text: Id

text: B

text: Analysis

text: At

text: the

text: preliminary

text: hearing

text: the

text: government

text: brought

text: a

text: one

text: count

text: criminal

text: complaint

text: against

text: Bowker

text: for

text: the

text: crime

text: of

text: telephone

text: harassment

text: in

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: That

text: section

text: provides

text: for

text: a

text: fine

text: imprisonment

text: or

text: both

text: for

text: anyone

text: who

text: in

text: interstate

text: or

text: foreign

text: communications

text: makes

text: a

text: telephone

text: call

text: or

text: utilizes

text: a

text: telecommunications

text: device

text: whether

text: or

text: not

text: conversation

text: or

text: communication

text: ensues

text: without

text: disclosing

text: his

text: identity

text: and

text: with

text: intent

text: to

text: annoy

text: abuse

text: threaten

text: or

text: harass

text: any

text: person

text: at

text: the

text: called

text: number

text: or

text: who

text: receives

text: the

text: communications

text: U

text: S

text: C

text: A

text: Incorporated

text: into

text: the

text: criminal

text: complaint

text: was

text: the

text: affidavit

text: of

text: FBI

text: Agent

text: Deane

text: Hassman

text: who

text: alleged

text: that

text: Bowker

text: had

text: made

text: numerous

text: telephone

text: calls

text: to

text: Tina

text: Knight

text: in

text: which

text: Bowker

text: did

text: not

text: identify

text: himself

text: including

text: a

text: conversation

text: with

text: Knight

text: on

text: June

text: and

text: messages

text: left

text: on

text: Knight

text: s

text: answering

text: machine

text: on

text: August

text: and

text: Agent

text: Hassman

text: s

text: affidavit

text: also

text: provided

text: extensive

text: background

text: details

text: on

text: Bowker

text: s

text: campaign

text: of

text: harassment

text: against

text: Knight

text: via

text: emails

text: letters

text: and

text: telephone

text: calls

text: Bowker

text: concedes

text: that

text: the

text: magistrate

text: judge

text: could

text: have

text: found

text: probable

text: cause

text: on

text: the

text: elements

text: of

text: using

text: the

text: telephone

text: with

text: the

text: intent

text: to

text: annoy

text: abuse

text: threaten

text: or

text: harass

text: He

text: argues

text: however

text: that

text: the

text: magistrate

text: had

text: no

text: basis

text: to

text: find

text: the

text: element

text: of

text: failing

text: to

text: disclose

text: identity

text: during

text: the

text: telephone

text: calls

text: because

text: Knight

text: the

text: recipient

text: of

text: those

text: calls

text: allegedly

text: recognized

text: his

text: voice

text: making

text: it

text: unnecessary

text: for

text: him

text: to

text: state

text: his

text: name

text: See

text: J

text: A

text: testimony

text: of

text: Agent

text: Hassman

text: There

text: came

text: a

text: point

text: in

text: time

text: where

text: Tina

text: Knight

text: began

text: to

text: recognize

text: a

text: certain

text: voice

text: on

text: the

text: phone

text: which

text: she

text: believed

text: to

text: be

text: Eric

text: sic

text: Bowker

text: Bowker

text: points

text: to

text: the

text: fact

text: that

text: during

text: the

text: June

text: telephone

text: conversation

text: with

text: Knight

text: she

text: referred

text: to

text: Bowker

text: as

text: Eric

text: sic

text: Bowker

text: s

text: argument

text: is

text: flawed

text: in

text: several

text: respects

text: His

text: argument

text: does

text: not

text: address

text: the

text: numerous

text: occasions

text: when

text: Bowker

text: called

text: Knight

text: and

text: no

text: conversation

text: ensued

text: and

text: no

text: messages

text: were

text: left

text: or

text: her

text: answering

text: machine

text: The

text: evidence

text: before

text: the

text: magistrate

text: showed

text: that

text: Bowker

text: used

text: a

text: caller

text: identification

text: blocking

text: feature

text: to

text: place

text: these

text: calls

text: thereby

text: concealing

text: his

text: identity

text: Since

text: the

text: telephone

text: harassment

text: law

text: prohibits

text: calls

text: made

text: with

text: the

text: intent

text: to

text: harass

text: or

text: annoy

text: whether

text: or

text: not

text: conversation

text: or

text: communication

text: ensues

text: there

text: was

text: probable

text: cause

text: to

text: find

text: that

text: Bowker

text: had

text: concealed

text: his

text: identity

text: in

text: those

text: instances

text: Knight

text: s

text: alleged

text: ability

text: to

text: identify

text: Bowker

text: s

text: voice

text: was

text: irrelevant

text: Bowker

text: responds

text: that

text: his

text: use

text: of

text: the

text: feature

text: should

text: be

text: legally

text: irrelevant

text: since

text: it

text: penalizes

text: him

text: for

text: placing

text: telephone

text: calls

text: to

text: numbers

text: with

text: a

text: caller

text: identification

text: service

text: He

text: contends

text: that

text: criminal

text: liability

text: should

text: not

text: hinge

text: on

text: what

text: telephone

text: features

text: a

text: person

text: pays

text: for

text: each

text: month

text: to

text: the

text: local

text: phone

text: company

text: Bowker

text: however

text: is

text: not

text: being

text: penalized

text: based

text: on

text: the

text: telephone

text: features

text: to

text: which

text: his

text: victim

text: subscribed

text: but

text: for

text: using

text: the

text: feature

text: in

text: conjunction

text: with

text: his

text: intent

text: to

text: annoy

text: or

text: harass

text: Knight

text: Had

text: he

text: lacked

text: that

text: intent

text: no

text: criminal

text: liability

text: would

text: have

text: attached

text: Even

text: assuming

text: that

text: Knight

text: was

text: able

text: to

text: identify

text: Bowker

text: s

text: voice

text: the

text: magistrate

text: judge

text: properly

text: found

text: probable

text: cause

text: to

text: believe

text: that

text: Bowker

text: had

text: not

text: disclosed

text: his

text: identity

text: during

text: the

text: June

text: conversation

text: in

text: which

text: he

text: mis

text: identified

text: himself

text: as

text: Mike

text: and

text: in

text: August

text: when

text: he

text: left

text: messages

text: on

text: Knight

text: s

text: answering

text: machine

text: without

text: providing

text: any

text: name

text: at

text: all

text: On

text: its

text: face

text: the

text: telephone

text: harassment

text: statute

text: makes

text: it

text: illegal

text: to

text: place

text: a

text: call

text: with

text: the

text: intent

text: to

text: annoy

text: abuse

text: threaten

text: or

text: harass

text: whenever

text: the

text: caller

text: fails

text: to

text: identify

text: himself

text: Since

text: Bowker

text: concedes

text: that

text: the

text: magistrate

text: judge

text: could

text: have

text: found

text: probable

text: cause

text: that

text: he

text: had

text: the

text: requisite

text: intent

text: it

text: was

text: Bowker

text: s

text: provision

text: of

text: a

text: false

text: name

text: and

text: or

text: his

text: failure

text: to

text: identify

text: himself

text: not

text: an

text: erroneous

text: judicial

text: determination

text: about

text: the

text: victim

text: s

text: recognition

text: of

text: his

text: voice

text: that

text: led

text: to

text: the

text: issuance

text: of

text: his

text: arrest

text: warrant

text: Bowker

text: similarly

text: argues

text: that

text: the

text: district

text: court

text: which

text: supervised

text: the

text: trial

text: proceedings

text: erred

text: in

text: denying

text: his

text: motion

text: to

text: suppress

text: evidence

text: derived

text: from

text: his

text: arrest

text: for

text: telephone

text: harassment

text: In

text: addition

text: to

text: his

text: argument

text: that

text: the

text: evidence

text: did

text: not

text: support

text: a

text: finding

text: of

text: probable

text: cause

text: to

text: believe

text: that

text: Bowker

text: had

text: failed

text: to

text: disclose

text: his

text: identity

text: discussed

text: above

text: Bowker

text: argues

text: that

text: the

text: district

text: court

text: erred

text: in

text: ruling

text: that

text: FBI

text: agent

text: Hassman

text: did

text: not

text: intentionally

text: mislead

text: or

text: omit

text: crucial

text: material

text: facts

text: in

text: his

text: affidavit

text: supporting

text: probable

text: cause

text: Bowker

text: argues

text: that

text: he

text: showed

text: by

text: a

text: preponderance

text: of

text: the

text: evidence

text: materially

text: false

text: representations

text: and

text: omissions

text: by

text: Agent

text: Hassman

text: and

text: that

text: absent

text: those

text: misrepresentations

text: probable

text: cause

text: would

text: not

text: have

text: been

text: found

text: To

text: prevail

text: on

text: a

text: motion

text: to

text: suppress

text: based

text: on

text: allegations

text: of

text: intentional

text: misrepresentation

text: by

text: a

text: law

text: enforcement

text: officer

text: in

text: the

text: course

text: of

text: obtaining

text: an

text: arrest

text: warrant

text: Bowker

text: must

text: establish

text: the

text: allegation

text: of

text: perjury

text: or

text: reckless

text: disregard

text: by

text: the

text: defendant

text: by

text: a

text: preponderance

text: of

text: the

text: evidence

text: and

text: with

text: the

text: affidavit

text: s

text: false

text: material

text: set

text: to

text: one

text: side

text: the

text: affidavit

text: s

text: remaining

text: content

text: is

text: insufficient

text: to

text: establish

text: probable

text: cause

text: such

text: that

text: the

text: search

text: warrant

text: must

text: be

text: voided

text: and

text: the

text: fruits

text: of

text: the

text: search

text: suppressed

text: United

text: States

text: v

text: Graham

text: F

text: d

text: th

text: Cir

text: quoting

text: Franks

text: v

text: Delaware

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Bowker

text: has

text: not

text: established

text: that

text: Agent

text: Hassman

text: perjured

text: himself

text: in

text: his

text: affidavit

text: in

text: support

text: of

text: the

text: criminal

text: complaint

text: or

text: at

text: the

text: suppression

text: hearing

text: At

text: most

text: he

text: quibbles

text: with

text: Hassman

text: s

text: characterization

text: of

text: Bowker

text: s

text: letters

text: and

text: emails

text: as

text: sexual

text: and

text: threatening

text: Hassman

text: s

text: characterization

text: however

text: largely

text: is

text: a

text: matter

text: of

text: opinion

text: and

text: the

text: content

text: of

text: Bowker

text: s

text: communications

text: speak

text: for

text: themselves

text: Thus

text: there

text: is

text: no

text: indication

text: that

text: the

text: magistrate

text: judge

text: was

text: misled

text: in

text: reaching

text: its

text: probable

text: cause

text: finding

text: Accordingly

text: the

text: district

text: court

text: did

text: not

text: err

text: in

text: denying

text: Bowker

text: s

text: motion

text: to

text: suppress

text: evidence

text: III

text: Motion

text: to

text: Dismiss

text: Counts

text: and

text: of

text: the

text: Indictment

text: Bowker

text: argues

text: that

text: the

text: district

text: court

text: erred

text: in

text: failing

text: to

text: dismiss

text: Counts

text: interstate

text: stalking

text: cyberstalking

text: and

text: telephone

text: harassment

text: of

text: the

text: indictment

text: on

text: the

text: ground

text: that

text: the

text: indictment

text: inadequately

text: alleged

text: the

text: elements

text: of

text: the

text: offenses

text: charged

text: and

text: on

text: the

text: ground

text: that

text: the

text: statutes

text: that

text: the

text: indictment

text: alleged

text: he

text: violated

text: are

text: unconstitutionally

text: vague

text: and

text: overbroad

text: We

text: review

text: the

text: denial

text: of

text: a

text: motion

text: to

text: dismiss

text: de

text: novo

text: United

text: States

text: v

text: Maney

text: F

text: d

text: th

text: Cir

text: For

text: the

text: reasons

text: that

text: follow

text: we

text: affirm

text: the

text: decision

text: of

text: the

text: district

text: court

text: A

text: Sufficiency

text: of

text: the

text: Indictment

text: Under

text: the

text: Notice

text: Clause

text: of

text: the

text: Sixth

text: Amendment

text: a

text: criminal

text: defendant

text: has

text: the

text: right

text: to

text: be

text: informed

text: of

text: the

text: nature

text: and

text: cause

text: of

text: the

text: accusation

text: against

text: him

text: U

text: S

text: Const

text: amend

text: VI

text: In

text: addition

text: the

text: Indictment

text: Clause

text: of

text: the

text: Fifth

text: Amendment

text: requires

text: that

text: a

text: defendant

text: be

text: charged

text: with

text: only

text: those

text: charges

text: brought

text: before

text: the

text: grand

text: jury

text: U

text: S

text: Const

text: amend

text: V

text: An

text: indictment

text: satisfies

text: these

text: constitutional

text: requirements

text: if

text: it

text: first

text: contains

text: the

text: elements

text: of

text: the

text: offense

text: charged

text: and

text: fairly

text: informs

text: a

text: defendant

text: of

text: the

text: charge

text: against

text: which

text: he

text: must

text: defend

text: and

text: second

text: enables

text: him

text: to

text: plead

text: an

text: acquittal

text: or

text: conviction

text: in

text: bar

text: of

text: future

text: prosecutions

text: for

text: the

text: same

text: offense

text: Maney

text: F

text: d

text: at

text: citing

text: Hamling

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Russell

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: United

text: States

text: v

text: Sturman

text: F

text: d

text: th

text: Cir

text: To

text: be

text: legally

text: sufficient

text: the

text: indictment

text: must

text: assert

text: facts

text: which

text: in

text: law

text: constitute

text: an

text: offense

text: and

text: which

text: if

text: proved

text: would

text: establish

text: prima

text: facie

text: the

text: defendant

text: s

text: commission

text: of

text: that

text: crime

text: Id

text: quoting

text: United

text: States

text: v

text: Superior

text: Growers

text: Supply

text: Inc

text: F

text: d

text: th

text: Cir

text: An

text: indictment

text: is

text: usually

text: sufficient

text: if

text: it

text: states

text: the

text: offense

text: using

text: the

text: words

text: of

text: the

text: statute

text: itself

text: as

text: long

text: as

text: the

text: statute

text: fully

text: and

text: unambiguously

text: states

text: all

text: the

text: elements

text: of

text: the

text: offense

text: United

text: States

text: v

text: Landham

text: F

text: d

text: th

text: Cir

text: citing

text: Hamling

text: U

text: S

text: at

text: S

text: Ct

text: United

text: States

text: v

text: Monus

text: F

text: d

text: The

text: Supreme

text: Court

text: has

text: cautioned

text: however

text: that

text: while

text: the

text: language

text: of

text: the

text: statute

text: may

text: be

text: used

text: in

text: the

text: general

text: description

text: of

text: the

text: offense

text: it

text: must

text: be

text: accompanied

text: with

text: such

text: a

text: statement

text: of

text: the

text: facts

text: and

text: circumstances

text: as

text: will

text: inform

text: the

text: accused

text: of

text: the

text: specific

text: offense

text: coming

text: under

text: the

text: general

text: description

text: with

text: which

text: he

text: is

text: charged

text: Hamling

text: U

text: S

text: at

text: S

text: Ct

text: internal

text: quotation

text: marks

text: and

text: citation

text: omitted

text: Courts

text: utilize

text: a

text: common

text: sense

text: construction

text: in

text: determining

text: whether

text: an

text: indictment

text: sufficiently

text: informs

text: a

text: defendant

text: of

text: an

text: offense

text: Maney

text: F

text: d

text: at

text: quoting

text: Allen

text: v

text: United

text: States

text: F

text: d

text: th

text: Cir

text: Count

text: interstate

text: stalking

text: Count

text: cyberstalking

text: and

text: Count

text: telephone

text: harassment

text: track

text: the

text: language

text: of

text: the

text: relevant

text: statutes

text: Count

text: alleges

text: that

text: between

text: July

text: and

text: July

text: Bowker

text: knowingly

text: and

text: intentionally

text: traveled

text: across

text: the

text: Ohio

text: state

text: line

text: with

text: the

text: intent

text: to

text: injure

text: harass

text: and

text: intimidate

text: Tina

text: Knight

text: and

text: as

text: a

text: result

text: of

text: such

text: travel

text: placed

text: Knight

text: in

text: reasonable

text: fear

text: of

text: death

text: or

text: serious

text: bodily

text: injury

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: Count

text: alleges

text: that

text: between

text: December

text: and

text: August

text: Bowker

text: located

text: in

text: Ohio

text: knowingly

text: and

text: repeatedly

text: used

text: the

text: internet

text: to

text: engage

text: in

text: a

text: course

text: of

text: conduct

text: that

text: intentionally

text: placed

text: Knight

text: then

text: located

text: in

text: West

text: Virginia

text: in

text: reasonable

text: fear

text: of

text: death

text: or

text: serious

text: bodily

text: injury

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: Count

text: alleges

text: that

text: between

text: June

text: and

text: August

text: Bowker

text: located

text: in

text: Ohio

text: knowingly

text: made

text: telephone

text: calls

text: whether

text: or

text: not

text: conversation

text: or

text: communication

text: ensued

text: without

text: disclosing

text: his

text: identity

text: and

text: with

text: the

text: intent

text: to

text: annoy

text: abuse

text: threaten

text: and

text: harass

text: Knight

text: in

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: Because

text: the

text: indictment

text: stated

text: all

text: of

text: the

text: statutory

text: elements

text: of

text: the

text: offenses

text: and

text: because

text: the

text: relevant

text: statutes

text: state

text: the

text: elements

text: unambiguously

text: the

text: district

text: court

text: properly

text: denied

text: Bowker

text: s

text: motion

text: to

text: dismiss

text: Counts

text: and

text: of

text: the

text: indictment

text: The

text: indictment

text: s

text: reference

text: to

text: the

text: specific

text: dates

text: and

text: locations

text: of

text: the

text: offenses

text: as

text: well

text: as

text: the

text: means

text: used

text: to

text: carry

text: them

text: out

text: travel

text: internet

text: telephone

text: provided

text: Bowker

text: fair

text: notice

text: of

text: the

text: conduct

text: with

text: which

text: he

text: was

text: being

text: charged

text: Relying

text: on

text: the

text: Landham

text: case

text: supra

text: Bowker

text: argues

text: that

text: the

text: indictment

text: was

text: defective

text: because

text: it

text: does

text: not

text: charge

text: him

text: with

text: making

text: direct

text: threats

text: against

text: Knight

text: and

text: therefore

text: should

text: have

text: contained

text: a

text: statement

text: of

text: facts

text: and

text: circumstances

text: surrounding

text: the

text: alleged

text: indirect

text: threats

text: he

text: made

text: against

text: her

text: such

text: as

text: an

text: explanation

text: of

text: the

text: parties

text: relationship

text: See

text: Landham

text: F

text: d

text: at

text: holding

text: because

text: the

text: alleged

text: threatening

text: statement

text: must

text: be

text: viewed

text: from

text: the

text: objective

text: perspective

text: of

text: the

text: recipient

text: which

text: frequently

text: involves

text: the

text: context

text: of

text: the

text: parties

text: relationship

text: it

text: is

text: incumbent

text: on

text: the

text: Government

text: to

text: make

text: that

text: context

text: clear

text: in

text: such

text: an

text: indictment

text: unless

text: the

text: alleged

text: threat

text: is

text: direct

text: Landham

text: is

text: distinguishable

text: however

text: There

text: the

text: Court

text: held

text: that

text: the

text: indictment

text: failed

text: to

text: sufficiently

text: allege

text: a

text: kidnaping

text: threat

text: because

text: the

text: indictment

text: was

text: missing

text: several

text: elements

text: of

text: the

text: offense

text: specifically

text: a

text: communication

text: containing

text: a

text: threat

text: and

text: a

text: threat

text: to

text: kidnap

text: Id

text: at

text: The

text: indictment

text: failed

text: to

text: acknowledge

text: that

text: the

text: defendant

text: had

text: been

text: in

text: a

text: custody

text: battle

text: with

text: his

text: ex

text: wife

text: over

text: their

text: daughter

text: and

text: therefore

text: the

text: defendant

text: s

text: obscure

text: statements

text: like

text: I

text: m

text: going

text: to

text: get

text: her

text: were

text: either

text: unreasonably

text: perceived

text: to

text: be

text: kidnaping

text: threats

text: and

text: even

text: if

text: the

text: alleged

text: threat

text: had

text: been

text: carried

text: out

text: it

text: would

text: not

text: have

text: constituted

text: a

text: crime

text: as

text: a

text: matter

text: of

text: substantive

text: law

text: Id

text: at

text: The

text: Court

text: further

text: held

text: that

text: the

text: indictment

text: failed

text: to

text: sufficiently

text: allege

text: a

text: threat

text: of

text: bodily

text: harm

text: because

text: the

text: statement

text: charged

text: in

text: the

text: indictment

text: referred

text: to

text: past

text: conduct

text: of

text: the

text: defendant

text: not

text: present

text: or

text: future

text: conduct

text: and

text: in

text: any

text: event

text: did

text: not

text: mention

text: a

text: threat

text: to

text: inflict

text: bodily

text: harm

text: Id

text: at

text: Bowker

text: s

text: indictment

text: by

text: contrast

text: did

text: not

text: contain

text: similar

text: deficiencies

text: All

text: of

text: the

text: statutory

text: elements

text: of

text: the

text: prohibited

text: conduct

text: were

text: properly

text: alleged

text: including

text: the

text: intent

text: to

text: cause

text: a

text: reasonable

text: fear

text: of

text: death

text: or

text: serious

text: bodily

text: harm

text: And

text: unlike

text: the

text: parties

text: involved

text: in

text: Landham

text: whose

text: custody

text: battle

text: was

text: highly

text: relevant

text: to

text: the

text: charged

text: conduct

text: Bowker

text: s

text: relationship

text: with

text: Knight

text: had

text: no

text: relevant

text: bearing

text: on

text: the

text: alleged

text: illegality

text: of

text: his

text: conduct

text: We

text: therefore

text: reject

text: Bowker

text: s

text: challenge

text: to

text: the

text: sufficiency

text: of

text: the

text: indictment

text: B

text: Overbreadth

text: Challenge

text: According

text: to

text: the

text: Supreme

text: Court

text: imprecise

text: laws

text: can

text: be

text: attacked

text: on

text: their

text: face

text: under

text: two

text: different

text: doctrines

text: overbreadth

text: and

text: vagueness

text: City

text: of

text: Chicago

text: v

text: Morales

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: The

text: overbreadth

text: doctrine

text: is

text: a

text: limited

text: exception

text: to

text: the

text: traditional

text: standing

text: rule

text: that

text: a

text: person

text: to

text: whom

text: a

text: statute

text: may

text: constitutionally

text: be

text: applied

text: may

text: not

text: challenge

text: that

text: statute

text: on

text: the

text: basis

text: that

text: it

text: may

text: conceivably

text: be

text: applied

text: in

text: an

text: unconstitutional

text: manner

text: to

text: others

text: not

text: before

text: the

text: court

text: Staley

text: v

text: Jones

text: F

text: d

text: th

text: Cir

text: citations

text: omitted

text: However

text: overbreadth

text: scrutiny

text: diminishes

text: as

text: the

text: behavior

text: regulated

text: by

text: the

text: statute

text: moves

text: from

text: pure

text: speech

text: toward

text: harmful

text: unprotected

text: conduct

text: Id

text: at

text: P

text: articularly

text: where

text: conduct

text: and

text: not

text: merely

text: speech

text: is

text: involved

text: we

text: believe

text: that

text: the

text: overbreadth

text: of

text: a

text: statute

text: must

text: not

text: only

text: be

text: real

text: but

text: substantial

text: as

text: well

text: judged

text: in

text: relation

text: to

text: the

text: statute

text: s

text: plainly

text: legitimate

text: sweep

text: Id

text: quoting

text: Broadrick

text: v

text: Oklahoma

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Bowker

text: has

text: provided

text: absolutely

text: no

text: argument

text: as

text: to

text: how

text: U

text: S

text: C

text: A

text: which

text: prohibits

text: interstate

text: stalking

text: and

text: cyberstalking

text: is

text: facially

text: overbroad

text: merely

text: asserting

text: that

text: the

text: statute

text: reaches

text: large

text: amounts

text: of

text: protected

text: speech

text: and

text: conduct

text: and

text: potentially

text: targets

text: political

text: or

text: religious

text: speech

text: We

text: fail

text: to

text: see

text: how

text: a

text: law

text: that

text: prohibits

text: interstate

text: travel

text: with

text: the

text: intent

text: to

text: kill

text: injure

text: harass

text: or

text: intimidate

text: has

text: a

text: substantial

text: sweep

text: of

text: constitutionally

text: protected

text: conduct

text: U

text: S

text: C

text: A

text: The

text: same

text: is

text: true

text: with

text: respect

text: to

text: the

text: prohibition

text: of

text: intentionally

text: using

text: the

text: internet

text: in

text: a

text: course

text: of

text: conduct

text: that

text: places

text: a

text: person

text: in

text: reasonable

text: fear

text: of

text: death

text: or

text: seriously

text: bodily

text: injury

text: U

text: S

text: C

text: A

text: It

text: is

text: difficult

text: to

text: imagine

text: what

text: constitutionally

text: protected

text: political

text: or

text: religious

text: speech

text: would

text: fall

text: under

text: these

text: statutory

text: prohibitions

text: Most

text: if

text: not

text: all

text: of

text: these

text: laws

text: legal

text: applications

text: are

text: to

text: conduct

text: that

text: is

text: not

text: protected

text: by

text: the

text: First

text: Amendment

text: Thus

text: Bowker

text: has

text: failed

text: to

text: demonstrate

text: how

text: U

text: S

text: C

text: A

text: is

text: substantially

text: overbroad

text: We

text: also

text: reject

text: Bowker

text: s

text: argument

text: as

text: to

text: the

text: purported

text: overbreadth

text: of

text: the

text: telephone

text: harassment

text: statute

text: U

text: S

text: C

text: a

text: C

text: Bowker

text: relies

text: on

text: the

text: Supreme

text: Court

text: s

text: decision

text: in

text: Coates

text: v

text: City

text: of

text: Cincinnati

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: which

text: involved

text: a

text: city

text: ordinance

text: that

text: made

text: it

text: a

text: criminal

text: offense

text: for

text: three

text: or

text: more

text: persons

text: to

text: assemble

text: on

text: a

text: sidewalk

text: and

text: to

text: be

text: annoying

text: to

text: passersby

text: Id

text: at

text: S

text: Ct

text: The

text: Court

text: struck

text: down

text: the

text: ordinance

text: reasoning

text: that

text: it

text: was

text: unconstitutionally

text: broad

text: because

text: it

text: authorizes

text: the

text: punishment

text: of

text: constitutionally

text: protected

text: conduct

text: Id

text: at

text: S

text: Ct

text: Coates

text: is

text: distinguishable

text: First

text: the

text: focus

text: of

text: the

text: telephone

text: harassment

text: statute

text: is

text: not

text: simply

text: annoying

text: telephonic

text: communications

text: It

text: also

text: prohibits

text: abusive

text: threatening

text: or

text: harassing

text: communications

text: Thus

text: the

text: thrust

text: of

text: the

text: statute

text: is

text: to

text: prohibit

text: communications

text: intended

text: to

text: instill

text: fear

text: in

text: the

text: victim

text: not

text: to

text: provoke

text: a

text: discussion

text: about

text: political

text: issues

text: of

text: the

text: day

text: See

text: United

text: States

text: v

text: Lampley

text: F

text: d

text: d

text: Cir

text: holding

text: that

text: in

text: enacting

text: the

text: telephone

text: harassment

text: statute

text: Congress

text: had

text: a

text: compelling

text: interest

text: in

text: the

text: protection

text: of

text: innocent

text: individuals

text: from

text: fear

text: abuse

text: or

text: annoyance

text: at

text: the

text: hands

text: of

text: persons

text: who

text: employ

text: the

text: telephone

text: not

text: to

text: communicate

text: but

text: for

text: other

text: unjustifiable

text: motives

text: citations

text: omitted

text: Second

text: the

text: telephone

text: harassment

text: statute

text: operates

text: in

text: a

text: distinctly

text: different

text: realm

text: of

text: communication

text: than

text: the

text: ordinance

text: in

text: Coates

text: which

text: governed

text: the

text: manner

text: in

text: which

text: individuals

text: could

text: assemble

text: and

text: communicate

text: in

text: the

text: open

text: on

text: public

text: property

text: Persons

text: who

text: find

text: sidewalk

text: speech

text: annoying

text: usually

text: are

text: not

text: being

text: singled

text: out

text: by

text: the

text: speaker

text: and

text: in

text: any

text: event

text: have

text: the

text: option

text: of

text: ignoring

text: that

text: speech

text: by

text: walking

text: away

text: or

text: taking

text: a

text: different

text: route

text: Because

text: the

text: sidewalk

text: speaker

text: is

text: operating

text: in

text: the

text: open

text: annoyed

text: listeners

text: have

text: little

text: reason

text: to

text: fear

text: for

text: their

text: safety

text: and

text: can

text: readily

text: identify

text: and

text: confront

text: the

text: speaker

text: if

text: they

text: so

text: choose

text: Not

text: so

text: with

text: individuals

text: receiving

text: unwelcome

text: anonymous

text: telephone

text: calls

text: Call

text: recipients

text: have

text: to

text: deal

text: with

text: much

text: more

text: inconvenience

text: to

text: avoid

text: the

text: speech

text: e

text: g

text: changing

text: telephone

text: numbers

text: or

text: using

text: a

text: call

text: screening

text: service

text: these

text: calls

text: usually

text: are

text: targeted

text: toward

text: a

text: particular

text: victim

text: and

text: are

text: received

text: outside

text: of

text: a

text: public

text: forum

text: e

text: g

text: the

text: home

text: or

text: the

text: workplace

text: and

text: because

text: the

text: caller

text: does

text: not

text: identify

text: himself

text: the

text: speech

text: is

text: more

text: likely

text: to

text: instill

text: fear

text: in

text: the

text: listener

text: and

text: at

text: a

text: minimum

text: makes

text: it

text: more

text: difficult

text: for

text: the

text: listener

text: to

text: confront

text: the

text: caller

text: Accordingly

text: the

text: domain

text: of

text: prohibited

text: speech

text: is

text: far

text: more

text: circumscribed

text: and

text: the

text: government

text: s

text: interest

text: in

text: protecting

text: recipients

text: of

text: the

text: speech

text: is

text: far

text: more

text: compelling

text: under

text: the

text: telephone

text: harassment

text: statute

text: compared

text: to

text: the

text: city

text: ordinance

text: at

text: issue

text: in

text: Coates

text: We

text: acknowledge

text: that

text: the

text: telephone

text: harassment

text: statute

text: if

text: interpreted

text: to

text: its

text: semantic

text: limits

text: may

text: have

text: unconstitutional

text: applications

text: For

text: example

text: if

text: Bowker

text: had

text: been

text: charged

text: with

text: placing

text: anonymous

text: telephone

text: calls

text: to

text: a

text: public

text: official

text: with

text: the

text: intent

text: to

text: annoy

text: him

text: or

text: her

text: about

text: a

text: political

text: issue

text: the

text: telephone

text: harassment

text: statute

text: might

text: have

text: been

text: unconstitutional

text: as

text: applied

text: to

text: him

text: See

text: United

text: States

text: v

text: Popa

text: F

text: d

text: D

text: C

text: Cir

text: holding

text: that

text: telephone

text: harassment

text: statute

text: was

text: unconstitutional

text: as

text: applied

text: to

text: defendant

text: who

text: had

text: placed

text: seven

text: calls

text: to

text: a

text: U

text: S

text: Attorney

text: to

text: complain

text: about

text: his

text: treatment

text: by

text: the

text: police

text: and

text: the

text: prosecutor

text: s

text: conduct

text: of

text: a

text: case

text: against

text: him

text: But

text: Bowker

text: was

text: not

text: so

text: charged

text: His

text: calls

text: were

text: predominately

text: if

text: not

text: exclusively

text: for

text: the

text: purpose

text: of

text: invading

text: his

text: victim

text: s

text: privacy

text: and

text: communicating

text: express

text: and

text: implied

text: threats

text: of

text: bodily

text: harm

text: This

text: type

text: of

text: speech

text: is

text: not

text: constitutionally

text: protected

text: Landham

text: F

text: d

text: at

text: But

text: the

text: fact

text: that

text: application

text: of

text: the

text: telephone

text: harassment

text: statute

text: may

text: be

text: unconstitutional

text: in

text: certain

text: instances

text: does

text: not

text: warrant

text: facial

text: invalidation

text: See

text: Parker

text: v

text: Levy

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: facial

text: invalidation

text: not

text: appropriate

text: when

text: the

text: remainder

text: of

text: the

text: statute

text: covers

text: a

text: whole

text: range

text: of

text: easily

text: identifiable

text: and

text: constitutionally

text: proscribable

text: conduct

text: Staley

text: F

text: d

text: at

text: holding

text: that

text: several

text: examples

text: of

text: speech

text: or

text: expressive

text: conduct

text: that

text: could

text: conceivably

text: be

text: restricted

text: under

text: the

text: statute

text: did

text: not

text: render

text: anti

text: stalking

text: statute

text: unconstitutional

text: Whatever

text: overbreadth

text: exists

text: in

text: the

text: statute

text: can

text: be

text: cured

text: on

text: a

text: case

text: by

text: case

text: basis

text: Staley

text: F

text: d

text: at

text: citing

text: Broadrick

text: U

text: S

text: at

text: S

text: Ct

text: No

text: cure

text: is

text: necessary

text: in

text: this

text: case

text: C

text: Vagueness

text: Challenge

text: E

text: ven

text: if

text: an

text: enactment

text: does

text: not

text: reach

text: a

text: substantial

text: amount

text: of

text: constitutionally

text: protected

text: conduct

text: it

text: may

text: be

text: impermissibly

text: vague

text: because

text: it

text: fails

text: to

text: establish

text: standards

text: for

text: the

text: police

text: and

text: public

text: that

text: are

text: sufficient

text: to

text: guard

text: against

text: the

text: arbitrary

text: deprivation

text: of

text: liberty

text: interests

text: Morales

text: U

text: S

text: at

text: S

text: Ct

text: citing

text: Kolender

text: v

text: Lawson

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Vagueness

text: may

text: invalidate

text: a

text: criminal

text: statute

text: if

text: it

text: either

text: fails

text: to

text: provide

text: the

text: kind

text: of

text: notice

text: that

text: will

text: enable

text: ordinary

text: people

text: to

text: understand

text: what

text: conduct

text: it

text: prohibits

text: or

text: authorizes

text: or

text: encourages

text: arbitrary

text: and

text: discriminatory

text: enforcement

text: Id

text: at

text: S

text: Ct

text: citing

text: Kolender

text: U

text: S

text: at

text: S

text: Ct

text: It

text: is

text: established

text: that

text: a

text: law

text: fails

text: to

text: meet

text: the

text: requirements

text: of

text: the

text: Due

text: Process

text: Clause

text: if

text: it

text: is

text: so

text: vague

text: and

text: standardless

text: that

text: it

text: leaves

text: the

text: public

text: uncertain

text: as

text: to

text: the

text: conduct

text: it

text: prohibits

text: Giaccio

text: v

text: Pennsylvania

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: The

text: stalking

text: and

text: telephone

text: harassment

text: statutes

text: charged

text: in

text: Bowker

text: s

text: indictment

text: provide

text: sufficient

text: notice

text: of

text: their

text: respective

text: prohibitions

text: because

text: citizens

text: need

text: not

text: guess

text: what

text: terms

text: such

text: as

text: harass

text: and

text: intimidate

text: mean

text: This

text: Court

text: s

text: decision

text: in

text: Staley

text: v

text: Jones

text: supra

text: is

text: instructive

text: That

text: case

text: involved

text: a

text: habeas

text: corpus

text: review

text: of

text: a

text: conviction

text: for

text: stalking

text: under

text: a

text: Michigan

text: law

text: that

text: defines

text: stalking

text: as

text: a

text: willful

text: course

text: of

text: conduct

text: involving

text: repeated

text: or

text: continuing

text: harassment

text: of

text: another

text: individual

text: that

text: would

text: cause

text: a

text: reasonable

text: person

text: to

text: feel

text: terrorized

text: frightened

text: intimidated

text: threatened

text: harassed

text: or

text: molested

text: and

text: that

text: actually

text: causes

text: the

text: victim

text: to

text: feel

text: terrorized

text: frightened

text: intimidated

text: threatened

text: harassed

text: or

text: molested

text: Mich

text: Comp

text: Laws

text: Ann

text: i

text: e

text: Michigan

text: law

text: defines

text: harassment

text: as

text: conduct

text: directed

text: toward

text: a

text: victim

text: that

text: includes

text: but

text: is

text: not

text: limited

text: to

text: repeated

text: or

text: continuing

text: unconsented

text: contact

text: that

text: would

text: cause

text: a

text: reasonable

text: individual

text: to

text: suffer

text: emotional

text: distress

text: and

text: that

text: actually

text: causes

text: the

text: victim

text: to

text: suffer

text: emotional

text: distress

text: Id

text: i

text: d

text: Expressly

text: excluded

text: from

text: the

text: definition

text: of

text: harassment

text: is

text: constitutionally

text: protected

text: activity

text: or

text: conduct

text: that

text: serves

text: a

text: legitimate

text: purpose

text: Id

text: This

text: Court

text: rejected

text: the

text: petitioner

text: s

text: vagueness

text: challenge

text: to

text: the

text: Michigan

text: statute

text: reasoning

text: as

text: follows

text: A

text: person

text: of

text: reasonable

text: intelligence

text: would

text: not

text: need

text: to

text: guess

text: at

text: the

text: meaning

text: of

text: the

text: stalking

text: statutes

text: nor

text: would

text: his

text: interpretation

text: of

text: the

text: statutory

text: language

text: differ

text: with

text: regard

text: to

text: the

text: statutes

text: application

text: in

text: part

text: because

text: the

text: definitions

text: of

text: crucial

text: words

text: and

text: phrases

text: that

text: are

text: provided

text: in

text: the

text: statutes

text: are

text: clear

text: and

text: would

text: be

text: understandable

text: to

text: a

text: reasonable

text: person

text: reading

text: the

text: statute

text: Also

text: the

text: meaning

text: of

text: the

text: words

text: used

text: to

text: describe

text: the

text: conduct

text: can

text: be

text: ascertained

text: fairly

text: by

text: reference

text: to

text: judicial

text: decisions

text: common

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text: harassment

text: Bowker

text: had

text: argued

text: that

text: joinder

text: of

text: these

text: counts

text: would

text: prejudice

text: his

text: rights

text: under

text: the

text: Fifth

text: Amendment

text: and

text: Rules

text: and

text: of

text: the

text: Federal

text: Rules

text: of

text: Criminal

text: Procedure

text: Specifically

text: he

text: argued

text: that

text: the

text: mail

text: theft

text: count

text: should

text: not

text: be

text: admissible

text: to

text: support

text: the

text: other

text: three

text: counts

text: for

text: stalking

text: and

text: telephone

text: harassment

text: on

text: the

text: ground

text: that

text: the

text: crimes

text: did

text: not

text: possess

text: the

text: same

text: or

text: similar

text: characteristics

text: and

text: that

text: there

text: was

text: no

text: nexus

text: between

text: the

text: mail

text: theft

text: count

text: and

text: the

text: other

text: alleged

text: crimes

text: He

text: further

text: argued

text: that

text: he

text: wished

text: to

text: testify

text: concerning

text: the

text: stalking

text: and

text: telephone

text: harassment

text: counts

text: which

text: require

text: the

text: government

text: to

text: prove

text: intent

text: but

text: not

text: the

text: mail

text: theft

text: count

text: and

text: that

text: joinder

text: precluded

text: him

text: from

text: exercising

text: his

text: Fifth

text: Amendment

text: right

text: to

text: testify

text: only

text: as

text: to

text: the

text: stalking

text: and

text: telephone

text: harassment

text: counts

text: Last

text: he

text: argued

text: that

text: the

text: jury

text: s

text: exposure

text: to

text: evidence

text: pertaining

text: to

text: the

text: stalking

text: and

text: telephone

text: harassment

text: counts

text: would

text: prejudice

text: them

text: in

text: deciding

text: the

text: mail

text: theft

text: count

text: Bowker

text: renews

text: these

text: arguments

text: on

text: appeal

text: A

text: motion

text: for

text: relief

text: from

text: the

text: prejudicial

text: joinder

text: of

text: counts

text: must

text: be

text: renewed

text: at

text: the

text: close

text: of

text: the

text: evidence

text: United

text: States

text: v

text: Hudson

text: F

text: d

text: th

text: Cir

text: When

text: the

text: defendant

text: fails

text: to

text: renew

text: the

text: motion

text: this

text: Court

text: can

text: reverse

text: a

text: conviction

text: only

text: upon

text: a

text: showing

text: of

text: plain

text: error

text: United

text: States

text: v

text: Anderson

text: F

text: d

text: th

text: Cir

text: Bowker

text: failed

text: to

text: renew

text: his

text: motion

text: to

text: sever

text: Count

text: of

text: the

text: indictment

text: from

text: Counts

text: and

text: at

text: the

text: close

text: of

text: the

text: evidence

text: Accordingly

text: he

text: must

text: demonstrate

text: plain

text: error

text: by

text: the

text: district

text: court

text: Federal

text: Rule

text: of

text: Criminal

text: Procedure

text: provides

text: in

text: relevant

text: part

text: a

text: Joinder

text: of

text: Offenses

text: The

text: indictment

text: or

text: information

text: may

text: charge

text: a

text: defendant

text: in

text: separate

text: counts

text: with

text: or

text: more

text: offenses

text: if

text: the

text: offenses

text: charged

text: whether

text: felonies

text: or

text: misdemeanors

text: or

text: both

text: are

text: of

text: the

text: same

text: or

text: similar

text: character

text: or

text: are

text: based

text: on

text: the

text: same

text: act

text: or

text: transaction

text: or

text: are

text: connected

text: with

text: or

text: constitute

text: parts

text: of

text: a

text: common

text: scheme

text: or

text: plan

text: Fed

text: R

text: Crim

text: P

text: a

text: Rule

text: provides

text: in

text: relevant

text: part

text: a

text: Relief

text: If

text: the

text: joinder

text: of

text: offenses

text: or

text: defendants

text: in

text: an

text: indictment

text: an

text: information

text: or

text: a

text: consolidation

text: for

text: trial

text: appears

text: to

text: prejudice

text: a

text: defendant

text: or

text: the

text: government

text: the

text: court

text: may

text: order

text: separate

text: trials

text: of

text: counts

text: sever

text: the

text: defendants

text: trials

text: or

text: provide

text: any

text: other

text: relief

text: that

text: justice

text: requires

text: Fed

text: R

text: Crim

text: P

text: a

text: The

text: record

text: clearly

text: shows

text: that

text: all

text: of

text: the

text: counts

text: in

text: Bowker

text: s

text: indictment

text: were

text: of

text: the

text: same

text: or

text: similar

text: character

text: and

text: that

text: the

text: allegations

text: thereunder

text: were

text: an

text: integral

text: part

text: of

text: Bowker

text: s

text: common

text: scheme

text: to

text: harass

text: and

text: threaten

text: Knight

text: This

text: scheme

text: involved

text: a

text: month

text: campaign

text: of

text: sending

text: emails

text: and

text: regular

text: mail

text: and

text: placing

text: telephone

text: calls

text: to

text: her

text: workplace

text: in

text: Youngstown

text: sending

text: mail

text: to

text: her

text: parent

text: s

text: home

text: placing

text: telephone

text: calls

text: to

text: Knight

text: s

text: unpublished

text: home

text: number

text: in

text: West

text: Virginia

text: placing

text: telephone

text: calls

text: to

text: Knight

text: s

text: West

text: Virginia

text: workplace

text: sending

text: mail

text: to

text: Knight

text: s

text: West

text: Virginia

text: home

text: and

text: stealing

text: Knight

text: s

text: mail

text: from

text: her

text: West

text: Virginia

text: home

text: Thus

text: all

text: of

text: the

text: counts

text: properly

text: were

text: joined

text: pursuant

text: to

text: Rule

text: and

text: the

text: district

text: court

text: did

text: not

text: plainly

text: err

text: under

text: Rule

text: by

text: refusing

text: to

text: sever

text: the

text: mail

text: theft

text: count

text: Bowker

text: also

text: has

text: not

text: demonstrated

text: that

text: the

text: district

text: court

text: committed

text: plain

text: error

text: when

text: it

text: rejected

text: his

text: argument

text: that

text: severance

text: was

text: required

text: in

text: order

text: to

text: permit

text: him

text: to

text: testify

text: as

text: to

text: the

text: mail

text: theft

text: count

text: but

text: to

text: avoid

text: testimony

text: as

text: to

text: the

text: stalking

text: and

text: telephone

text: harassment

text: counts

text: The

text: Tenth

text: Circuit

text: confronted

text: a

text: similar

text: argument

text: in

text: United

text: States

text: v

text: Martin

text: F

text: d

text: th

text: Cir

text: stating

text: Martin

text: contends

text: that

text: the

text: denial

text: of

text: his

text: severance

text: motion

text: forced

text: him

text: to

text: testify

text: at

text: trial

text: and

text: convict

text: himself

text: as

text: to

text: the

text: drug

text: count

text: in

text: an

text: attempt

text: to

text: win

text: an

text: acquittal

text: of

text: the

text: gun

text: count

text: Martin

text: further

text: contends

text: that

text: inasmuch

text: as

text: he

text: had

text: both

text: important

text: testimony

text: to

text: give

text: concerning

text: one

text: count

text: and

text: a

text: strong

text: need

text: to

text: refrain

text: from

text: testifying

text: on

text: the

text: other

text: the

text: district

text: court

text: s

text: refusal

text: to

text: sever

text: the

text: counts

text: deprived

text: him

text: of

text: a

text: fair

text: trial

text: N

text: o

text: need

text: for

text: a

text: severance

text: exists

text: until

text: the

text: defendant

text: makes

text: a

text: convincing

text: showing

text: that

text: he

text: has

text: both

text: important

text: testimony

text: to

text: give

text: concerning

text: one

text: count

text: and

text: a

text: strong

text: need

text: to

text: refrain

text: from

text: testifying

text: on

text: the

text: other

text: Applying

text: these

text: standards

text: to

text: our

text: case

text: we

text: hold

text: that

text: Martin

text: failed

text: to

text: demonstrate

text: a

text: convincing

text: need

text: for

text: a

text: severance

text: Several

text: other

text: circuits

text: have

text: applied

text: the

text: same

text: or

text: similar

text: standards

text: E

text: g

text: United

text: States

text: v

text: Alosa

text: F

text: d

text: st

text: Cir

text: holding

text: that

text: defendant

text: did

text: not

text: deserve

text: severance

text: because

text: he

text: failed

text: to

text: make

text: a

text: convincing

text: showing

text: that

text: he

text: had

text: both

text: important

text: testimony

text: to

text: give

text: concerning

text: one

text: count

text: and

text: a

text: strong

text: need

text: to

text: refrain

text: from

text: testifying

text: on

text: the

text: other

text: United

text: States

text: v

text: Gorecki

text: F

text: d

text: d

text: Cir

text: holding

text: that

text: defendant

text: s

text: bare

text: allegation

text: that

text: the

text: joinder

text: of

text: counts

text: prevented

text: his

text: testimony

text: on

text: one

text: count

text: without

text: a

text: specific

text: showing

text: as

text: to

text: what

text: that

text: testimony

text: may

text: have

text: been

text: failed

text: to

text: meet

text: the

text: stringent

text: requirements

text: for

text: severance

text: under

text: Rule

text: United

text: States

text: v

text: Ballis

text: F

text: d

text: th

text: Cir

text: affirming

text: denial

text: of

text: severance

text: because

text: defendant

text: did

text: not

text: point

text: out

text: this

text: alleged

text: dilemma

text: in

text: testifying

text: about

text: some

text: counts

text: but

text: not

text: others

text: with

text: sufficient

text: specificity

text: for

text: the

text: trial

text: court

text: to

text: have

text: abused

text: its

text: discretion

text: in

text: denying

text: the

text: motion

text: United

text: States

text: v

text: Alexander

text: F

text: d

text: th

text: Cir

text: noting

text: that

text: there

text: may

text: be

text: cases

text: in

text: which

text: a

text: defendant

text: can

text: convincingly

text: show

text: that

text: he

text: has

text: important

text: testimony

text: to

text: give

text: on

text: one

text: count

text: but

text: a

text: strong

text: need

text: to

text: remain

text: silent

text: on

text: another

text: and

text: in

text: that

text: circumstance

text: severance

text: may

text: be

text: required

text: affirming

text: denial

text: of

text: severance

text: because

text: defendant

text: failed

text: to

text: provide

text: specific

text: examples

text: of

text: the

text: exculpatory

text: testimony

text: that

text: he

text: would

text: testify

text: about

text: It

text: is

text: clear

text: that

text: Bowker

text: failed

text: to

text: make

text: a

text: convincing

text: showing

text: that

text: he

text: had

text: important

text: testimony

text: concerning

text: the

text: interstate

text: stalking

text: and

text: telephone

text: harassment

text: counts

text: as

text: well

text: as

text: a

text: strong

text: need

text: to

text: refrain

text: from

text: testifying

text: on

text: the

text: mail

text: theft

text: count

text: Indeed

text: his

text: motion

text: to

text: sever

text: provided

text: absolutely

text: no

text: indication

text: as

text: to

text: what

text: his

text: testimony

text: would

text: be

text: on

text: the

text: stalking

text: and

text: harassment

text: counts

text: stating

text: only

text: that

text: his

text: testimony

text: was

text: anticipated

text: to

text: be

text: crucial

text: because

text: these

text: crimes

text: have

text: a

text: specific

text: intent

text: requirement

text: In

text: addition

text: Bowker

text: showed

text: absolutely

text: no

text: need

text: to

text: avoid

text: testifying

text: on

text: the

text: mail

text: theft

text: count

text: merely

text: arguing

text: that

text: his

text: testimony

text: on

text: this

text: count

text: was

text: not

text: needed

text: because

text: mail

text: theft

text: lacks

text: a

text: specific

text: intent

text: requirement

text: Such

text: non

text: specific

text: assertions

text: of

text: prejudice

text: are

text: insufficient

text: to

text: warrant

text: severance

text: under

text: Rule

text: For

text: these

text: reasons

text: the

text: district

text: court

text: did

text: not

text: commit

text: plain

text: error

text: in

text: refusing

text: to

text: sever

text: the

text: counts

text: of

text: the

text: indictment

text: V

text: Right

text: to

text: Self

text: Representation

text: Bowker

text: argues

text: that

text: he

text: is

text: entitled

text: to

text: a

text: new

text: trial

text: because

text: the

text: district

text: court

text: denied

text: his

text: constitutional

text: right

text: to

text: represent

text: himself

text: We

text: review

text: such

text: a

text: denial

text: for

text: an

text: abuse

text: of

text: discretion

text: Robards

text: v

text: Rees

text: F

text: d

text: th

text: Cir

text: On

text: January

text: Bowker

text: then

text: represented

text: by

text: counsel

text: filed

text: on

text: his

text: own

text: initiative

text: a

text: hand

text: written

text: motion

text: for

text: release

text: of

text: appointed

text: attorney

text: In

text: that

text: motion

text: Bowker

text: stated

text: Now

text: Comes

text: Defendant

text: being

text: first

text: advised

text: of

text: his

text: rights

text: to

text: an

text: attorney

text: and

text: does

text: now

text: knowingly

text: willingly

text: and

text: intelligently

text: waive

text: his

text: rights

text: to

text: court

text: appointed

text: counsel

text: The

text: district

text: court

text: purported

text: to

text: deny

text: that

text: motion

text: via

text: a

text: hand

text: written

text: minute

text: order

text: on

text: January

text: stating

text: that

text: Defendant

text: s

text: pro

text: se

text: motion

text: for

text: new

text: counsel

text: is

text: denied

text: The

text: court

text: did

text: not

text: refer

text: to

text: the

text: fact

text: that

text: Bowker

text: s

text: motion

text: did

text: not

text: seek

text: new

text: counsel

text: but

text: to

text: waive

text: his

text: right

text: to

text: counsel

text: Bowker

text: however

text: soon

text: had

text: a

text: change

text: of

text: heart

text: about

text: representing

text: himself

text: because

text: on

text: March

text: Bowker

text: s

text: attorney

text: moved

text: to

text: withdraw

text: as

text: counsel

text: due

text: to

text: the

text: fractured

text: lawyer

text: client

text: relationship

text: In

text: an

text: attached

text: statement

text: signed

text: by

text: Bowker

text: Bowker

text: requested

text: that

text: his

text: appointed

text: lawyer

text: withdraw

text: from

text: the

text: case

text: and

text: that

text: a

text: new

text: lawyer

text: be

text: appointed

text: to

text: represent

text: him

text: The

text: court

text: granted

text: the

text: motion

text: on

text: April

text: and

text: appointed

text: a

text: new

text: federal

text: public

text: defender

text: for

text: Bowker

text: on

text: April

text: The

text: sixth

text: and

text: fourteenth

text: amendments

text: guarantee

text: state

text: criminal

text: defendants

text: the

text: right

text: of

text: self

text: representation

text: at

text: trial

text: See

text: Faretta

text: v

text: California

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Since

text: it

text: is

text: more

text: likely

text: than

text: not

text: that

text: a

text: defendant

text: would

text: fare

text: better

text: with

text: the

text: assistance

text: of

text: counsel

text: id

text: at

text: S

text: Ct

text: he

text: will

text: be

text: permitted

text: to

text: represent

text: himself

text: only

text: when

text: he

text: knowingly

text: and

text: intelligently

text: relinquishes

text: his

text: right

text: to

text: counsel

text: Id

text: Such

text: a

text: knowing

text: waiver

text: must

text: be

text: made

text: by

text: a

text: clear

text: and

text: unequivocal

text: assertion

text: of

text: the

text: right

text: to

text: self

text: representation

text: Id

text: Once

text: there

text: is

text: a

text: clear

text: assertion

text: of

text: that

text: right

text: the

text: court

text: must

text: conduct

text: a

text: hearing

text: to

text: ensure

text: that

text: the

text: defendant

text: is

text: fully

text: aware

text: of

text: the

text: dangers

text: and

text: disadvantages

text: of

text: proceeding

text: without

text: counsel

text: Raulerson

text: v

text: Wainwright

text: F

text: d

text: th

text: Cir

text: citation

text: omitted

text: We

text: hold

text: that

text: the

text: district

text: court

text: erred

text: in

text: denying

text: Bowker

text: s

text: January

text: motion

text: to

text: represent

text: himself

text: which

text: was

text: accompanied

text: by

text: a

text: clear

text: and

text: unequivocal

text: assertion

text: of

text: the

text: right

text: to

text: self

text: representation

text: At

text: a

text: minimum

text: the

text: court

text: should

text: have

text: conducted

text: some

text: inquiry

text: into

text: the

text: bases

text: for

text: Bowker

text: s

text: motion

text: It

text: is

text: not

text: apparent

text: from

text: the

text: record

text: that

text: the

text: district

text: court

text: did

text: anything

text: other

text: than

text: misconstrue

text: the

text: motion

text: as

text: a

text: motion

text: for

text: appointment

text: of

text: new

text: counsel

text: and

text: then

text: deny

text: the

text: motion

text: Nevertheless

text: the

text: district

text: court

text: s

text: error

text: was

text: rendered

text: harmless

text: by

text: Bowker

text: s

text: change

text: of

text: heart

text: about

text: self

text: representation

text: over

text: two

text: months

text: prior

text: to

text: trial

text: As

text: noted

text: above

text: after

text: being

text: denied

text: the

text: right

text: to

text: represent

text: himself

text: Bowker

text: explicitly

text: joined

text: his

text: then

text: attorney

text: s

text: motion

text: to

text: withdraw

text: from

text: the

text: case

text: and

text: to

text: have

text: new

text: counsel

text: appointed

text: for

text: him

text: Thus

text: Bowker

text: s

text: last

text: indication

text: to

text: the

text: district

text: court

text: on

text: the

text: matter

text: was

text: that

text: he

text: did

text: not

text: wish

text: to

text: represent

text: himself

text: Cf

text: id

text: at

text: Even

text: if

text: Raulerson

text: s

text: letter

text: of

text: July

text: constituted

text: a

text: clear

text: and

text: unequivocal

text: demand

text: to

text: represent

text: himself

text: his

text: agreement

text: to

text: proceed

text: with

text: the

text: assistance

text: of

text: an

text: attorney

text: waived

text: that

text: original

text: request

text: Accordingly

text: the

text: district

text: court

text: s

text: erroneous

text: disposition

text: of

text: the

text: January

text: motion

text: for

text: self

text: representation

text: was

text: rendered

text: harmless

text: error

text: by

text: Bowker

text: s

text: subsequent

text: waiver

text: of

text: his

text: right

text: to

text: self

text: representation

text: Bowker

text: therefore

text: is

text: not

text: entitled

text: to

text: a

text: new

text: trial

text: VI

text: Motion

text: to

text: Return

text: Seized

text: Property

text: On

text: February

text: Bowker

text: filed

text: a

text: pro

text: se

text: motion

text: for

text: return

text: of

text: seized

text: property

text: and

text: items

text: pursuant

text: to

text: Rule

text: of

text: the

text: Federal

text: Rules

text: of

text: Criminal

text: Procedure

text: He

text: sought

text: an

text: order

text: from

text: the

text: court

text: directing

text: the

text: government

text: to

text: return

text: all

text: items

text: and

text: tangible

text: objects

text: which

text: were

text: not

text: going

text: to

text: be

text: used

text: as

text: evidence

text: in

text: his

text: case

text: As

text: of

text: May

text: the

text: district

text: court

text: had

text: not

text: yet

text: ruled

text: on

text: the

text: motion

text: so

text: Bowker

text: filed

text: a

text: request

text: for

text: ruling

text: on

text: motion

text: for

text: return

text: of

text: property

text: On

text: June

text: the

text: district

text: court

text: denied

text: Bowker

text: s

text: request

text: for

text: a

text: ruling

text: on

text: the

text: motion

text: for

text: return

text: of

text: property

text: No

text: reasons

text: were

text: provided

text: by

text: the

text: court

text: for

text: the

text: denial

text: and

text: the

text: district

text: court

text: never

text: held

text: a

text: hearing

text: on

text: nor

text: has

text: it

text: ever

text: ruled

text: on

text: the

text: underlying

text: motion

text: for

text: return

text: of

text: property

text: Rule

text: provides

text: in

text: relevant

text: part

text: g

text: Motion

text: to

text: Return

text: Property

text: A

text: person

text: aggrieved

text: by

text: an

text: unlawful

text: search

text: and

text: seizure

text: of

text: property

text: or

text: by

text: the

text: deprivation

text: of

text: property

text: may

text: move

text: for

text: the

text: property

text: s

text: return

text: The

text: motion

text: must

text: be

text: filed

text: in

text: the

text: district

text: where

text: the

text: property

text: was

text: seized

text: The

text: court

text: must

text: receive

text: evidence

text: on

text: any

text: factual

text: issue

text: necessary

text: to

text: decide

text: the

text: motion

text: If

text: it

text: grants

text: the

text: motion

text: the

text: court

text: must

text: return

text: the

text: property

text: to

text: the

text: movant

text: but

text: may

text: impose

text: reasonable

text: conditions

text: to

text: protect

text: access

text: to

text: the

text: property

text: and

text: its

text: use

text: in

text: later

text: proceedings

text: Fed

text: R

text: Crim

text: P

text: g

text: In

text: United

text: States

text: v

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text: F

text: d

text: th

text: Cir

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text: Court

text: observed

text: that

text: a

text: district

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text: has

text: both

text: the

text: jurisdiction

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text: the

text: duty

text: to

text: return

text: the

text: contested

text: property

text: once

text: the

text: government

text: s

text: need

text: for

text: it

text: has

text: ended

text: Id

text: at

text: internal

text: quotation

text: marks

text: omitted

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text: United

text: States

text: v

text: Martinson

text: F

text: d

text: th

text: Cir

text: citing

text: United

text: States

text: v

text: Wilson

text: F

text: d

text: D

text: C

text: Cir

text: There

text: the

text: district

text: court

text: had

text: failed

text: to

text: address

text: the

text: legal

text: or

text: factual

text: issues

text: raised

text: in

text: a

text: party

text: s

text: motion

text: for

text: return

text: of

text: seized

text: records

text: The

text: Court

text: found

text: it

text: significant

text: that

text: no

text: hearing

text: was

text: held

text: regarding

text: who

text: was

text: entitled

text: to

text: possession

text: of

text: the

text: documents

text: and

text: the

text: district

text: court

text: had

text: failed

text: to

text: consider

text: the

text: merits

text: of

text: the

text: moving

text: party

text: s

text: arguments

text: The

text: Court

text: also

text: was

text: troubled

text: because

text: there

text: were

text: no

text: findings

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text: fact

text: or

text: conclusions

text: of

text: law

text: regarding

text: which

text: party

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text: entitled

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text: retain

text: the

text: records

text: Accordingly

text: the

text: Court

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text: the

text: district

text: court

text: did

text: not

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text: duty

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text: Rule

text: g

text: to

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text: and

text: decide

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text: issues

text: reasoning

text: that

text: Rule

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text: clearly

text: contemplates

text: a

text: hearing

text: on

text: any

text: issue

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text: fact

text: necessary

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text: the

text: decision

text: of

text: the

text: motion

text: Id

text: at

text: Hess

text: is

text: directly

text: on

text: point

text: The

text: district

text: court

text: below

text: simply

text: ignored

text: Bowker

text: s

text: motion

text: to

text: return

text: records

text: and

text: when

text: Bowker

text: filed

text: a

text: motion

text: to

text: have

text: the

text: court

text: rule

text: on

text: that

text: motion

text: the

text: court

text: denied

text: the

text: motion

text: without

text: ever

text: reaching

text: the

text: merits

text: of

text: the

text: underlying

text: motion

text: The

text: court

text: held

text: no

text: hearing

text: took

text: no

text: evidence

text: and

text: gave

text: no

text: indication

text: that

text: it

text: ever

text: has

text: considered

text: the

text: merits

text: of

text: Bowker

text: s

text: motion

text: Accordingly

text: on

text: remand

text: the

text: district

text: court

text: shall

text: hold

text: a

text: hearing

text: on

text: Bowker

text: s

text: motion

text: for

text: return

text: of

text: records

text: take

text: evidence

text: on

text: any

text: factual

text: issues

text: necessary

text: to

text: resolve

text: that

text: motion

text: and

text: promptly

text: rule

text: on

text: that

text: motion

text: VII

text: Motion

text: for

text: a

text: Judgment

text: of

text: Acquittal

text: as

text: to

text: Counts

text: and

text: Bowker

text: challenges

text: the

text: district

text: court

text: s

text: failure

text: to

text: grant

text: his

text: motion

text: for

text: a

text: judgment

text: of

text: acquittal

text: on

text: Counts

text: and

text: of

text: the

text: indictment

text: pursuant

text: to

text: Rule

text: of

text: the

text: Federal

text: Rules

text: of

text: Criminal

text: Procedure

text: For

text: the

text: reasons

text: that

text: follow

text: we

text: affirm

text: the

text: judgment

text: of

text: the

text: district

text: court

text: A

text: Standard

text: of

text: Review

text: In

text: reviewing

text: a

text: district

text: court

text: s

text: denial

text: of

text: a

text: motion

text: for

text: judgment

text: of

text: acquittal

text: on

text: a

text: claim

text: of

text: insufficient

text: evidence

text: the

text: relevant

text: question

text: is

text: whether

text: after

text: viewing

text: the

text: evidence

text: in

text: the

text: light

text: most

text: favorable

text: to

text: the

text: prosecution

text: any

text: rational

text: trier

text: of

text: fact

text: could

text: have

text: found

text: the

text: essential

text: elements

text: of

text: the

text: crime

text: beyond

text: a

text: reasonable

text: doubt

text: United

text: States

text: v

text: Lloyd

text: F

text: d

text: th

text: Cir

text: quoting

text: Jackson

text: v

text: Virginia

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: If

text: the

text: evidence

text: however

text: is

text: such

text: that

text: a

text: rational

text: fact

text: finder

text: must

text: conclude

text: that

text: a

text: reasonable

text: doubt

text: is

text: raised

text: this

text: court

text: is

text: obligated

text: to

text: reverse

text: a

text: denial

text: of

text: an

text: acquittal

text: motion

text: Id

text: quoting

text: United

text: States

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text: Collon

text: F

text: d

text: th

text: Cir

text: The

text: district

text: court

text: s

text: findings

text: of

text: fact

text: are

text: reviewed

text: for

text: clear

text: error

text: and

text: circumstantial

text: evidence

text: alone

text: is

text: sufficient

text: to

text: sustain

text: a

text: conviction

text: Nationwide

text: Mut

text: Ins

text: Co

text: v

text: Home

text: Ins

text: Co

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Peters

text: F

text: d

text: th

text: Cir

text: B

text: Interstate

text: Stalking

text: Count

text: Count

text: of

text: the

text: indictment

text: charges

text: Bowker

text: with

text: interstate

text: stalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: The

text: government

text: was

text: required

text: to

text: prove

text: that

text: the

text: defendant

text: traveled

text: in

text: interstate

text: or

text: foreign

text: commerce

text: with

text: the

text: intent

text: to

text: kill

text: injure

text: harass

text: or

text: intimidate

text: another

text: person

text: and

text: in

text: the

text: course

text: of

text: or

text: as

text: a

text: result

text: of

text: such

text: travel

text: places

text: that

text: person

text: in

text: reasonable

text: fear

text: of

text: the

text: death

text: of

text: or

text: serious

text: bodily

text: injury

text: to

text: that

text: person

text: a

text: member

text: of

text: the

text: immediate

text: family

text: of

text: that

text: person

text: or

text: the

text: spouse

text: or

text: intimate

text: partner

text: of

text: that

text: person

text: Bowker

text: argues

text: that

text: the

text: government

text: did

text: not

text: prove

text: pursuant

text: to

text: the

text: interstate

text: stalking

text: count

text: that

text: the

text: result

text: of

text: Bowker

text: s

text: travel

text: from

text: Ohio

text: to

text: West

text: Virginia

text: in

text: July

text: was

text: to

text: put

text: Knight

text: in

text: reasonable

text: fear

text: of

text: her

text: life

text: or

text: bodily

text: injury

text: because

text: Knight

text: did

text: not

text: learn

text: of

text: Bowker

text: s

text: travels

text: until

text: August

text: after

text: he

text: had

text: completed

text: his

text: travel

text: This

text: argument

text: is

text: specious

text: Knight

text: learned

text: of

text: Bowker

text: s

text: travel

text: to

text: West

text: Virginia

text: because

text: he

text: sent

text: her

text: numerous

text: photographs

text: informing

text: her

text: that

text: he

text: had

text: been

text: in

text: the

text: state

text: the

text: preceding

text: month

text: Accompanying

text: the

text: photographs

text: was

text: the

text: statement

text: Take

text: the

text: photos

text: out

text: to

text: read

text: the

text: backs

text: of

text: them

text: Send

text: me

text: an

text: E

text: mail

text: address

text: It

text: keeps

text: me

text: long

text: distance

text: you

text: know

text: what

text: I

text: mean

text: The

text: clear

text: implication

text: of

text: this

text: statement

text: was

text: that

text: Bowker

text: would

text: continue

text: to

text: communicate

text: with

text: Knight

text: unless

text: she

text: provided

text: him

text: with

text: her

text: email

text: address

text: The

text: jury

text: was

text: entitled

text: to

text: infer

text: that

text: this

text: statement

text: combined

text: with

text: the

text: photographs

text: of

text: Bowker

text: at

text: various

text: locations

text: in

text: West

text: Virginia

text: was

text: intended

text: to

text: intimidate

text: Knight

text: by

text: showing

text: her

text: that

text: Bowker

text: had

text: traveled

text: to

text: her

text: state

text: and

text: would

text: do

text: so

text: in

text: the

text: future

text: The

text: statute

text: did

text: not

text: require

text: the

text: government

text: to

text: show

text: that

text: Bowker

text: actually

text: intended

text: to

text: harass

text: or

text: intimidate

text: Knight

text: during

text: his

text: travels

text: only

text: that

text: the

text: result

text: of

text: the

text: travel

text: was

text: a

text: reasonable

text: apprehension

text: of

text: fear

text: in

text: the

text: victim

text: Since

text: Knight

text: testified

text: that

text: she

text: was

text: afraid

text: that

text: Bowker

text: might

text: rape

text: her

text: and

text: her

text: fear

text: seemed

text: reasonable

text: the

text: government

text: proved

text: all

text: of

text: the

text: elements

text: of

text: the

text: interstate

text: stalking

text: count

text: C

text: Cyberstalking

text: Count

text: Count

text: of

text: the

text: indictment

text: charges

text: Bowker

text: with

text: cyberstalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: The

text: government

text: was

text: required

text: to

text: prove

text: Bowker

text: intentionally

text: used

text: the

text: mail

text: or

text: any

text: facility

text: of

text: interstate

text: or

text: foreign

text: commerce

text: Bowker

text: engaged

text: in

text: a

text: course

text: of

text: conduct

text: with

text: the

text: intent

text: to

text: place

text: Knight

text: in

text: reasonable

text: fear

text: of

text: death

text: of

text: or

text: serious

text: bodily

text: injury

text: to

text: herself

text: her

text: spouse

text: or

text: intimate

text: partner

text: or

text: a

text: member

text: of

text: her

text: immediate

text: family

text: and

text: Bowker

text: s

text: course

text: of

text: conduct

text: actually

text: placed

text: Knight

text: in

text: reasonable

text: fear

text: of

text: death

text: of

text: or

text: serious

text: bodily

text: injury

text: to

text: herself

text: The

text: evidence

text: shows

text: that

text: Bowker

text: s

text: intended

text: to

text: instill

text: in

text: Knight

text: a

text: fear

text: of

text: death

text: or

text: serious

text: bodily

text: harm

text: through

text: use

text: of

text: the

text: mails

text: and

text: other

text: facilities

text: of

text: interstate

text: commerce

text: required

text: elements

text: of

text: the

text: cyberstalking

text: count

text: During

text: a

text: June

text: telephone

text: conversation

text: with

text: Knight

text: Bowker

text: told

text: her

text: You

text: don

text: t

text: know

text: where

text: I

text: m

text: at

text: I

text: might

text: be

text: in

text: your

text: house

text: in

text: Dunbar

text: West

text: Virginia

text: you

text: don

text: t

text: know

text: that

text: I

text: know

text: all

text: of

text: your

text: neighbors

text: And

text: I

text: have

text: access

text: to

text: all

text: that

text: information

text: just

text: like

text: anybody

text: else

text: does

text: who

text: knows

text: where

text: to

text: find

text: it

text: I

text: have

text: an

text: enormous

text: amount

text: of

text: things

text: about

text: you

text: that

text: I

text: m

text: not

text: going

text: to

text: disclose

text: unless

text: I

text: have

text: to

text: I

text: m

text: not

text: going

text: to

text: tell

text: anybody

text: about

text: it

text: except

text: if

text: you

text: lie

text: to

text: me

text: I

text: might

text: not

text: say

text: anything

text: to

text: you

text: at

text: the

text: time

text: but

text: that

text: might

text: come

text: back

text: you

text: know

text: I

text: know

text: the

text: names

text: of

text: all

text: your

text: relatives

text: and

text: where

text: they

text: live

text: I

text: know

text: your

text: brothers

text: wives

text: names

text: their

text: ages

text: their

text: Social

text: Security

text: numbers

text: and

text: their

text: birth

text: dates

text: and

text: their

text: property

text: values

text: Maybe

text: I

text: live

text: on

text: th

text: street

text: in

text: Dunbar

text: Maybe

text: I

text: watch

text: you

text: with

text: binoculars

text: all

text: the

text: time

text: and

text: maybe

text: I

text: don

text: t

text: J

text: A

text: A

text: July

text: letter

text: that

text: Bowker

text: sent

text: to

text: Knight

text: at

text: the

text: television

text: station

text: had

text: both

text: sexual

text: and

text: threatening

text: connotations

text: It

text: read

text: in

text: part

text: No

text: You

text: do

text: not

text: hang

text: up

text: on

text: me

text: No

text: You

text: do

text: not

text: hang

text: up

text: on

text: me

text: ever

text: No

text: If

text: and

text: when

text: I

text: call

text: CBS

text: asking

text: about

text: a

text: news

text: story

text: that

text: you

text: reported

text: on

text: you

text: do

text: not

text: hang

text: up

text: on

text: me

text: You

text: must

text: at

text: least

text: do

text: the

text: bare

text: minimum

text: and

text: answer

text: my

text: news

text: related

text: questions

text: I

text: know

text: what

text: you

text: value

text: most

text: in

text: life

text: your

text: bullshit

text: fake

text: ass

text: Pontiac

text: Grand

text: Am

text: which

text: is

text: about

text: top

text: on

text: your

text: list

text: as

text: well

text: as

text: two

text: other

text: things

text: As

text: far

text: as

text: the

text: Grand

text: Am

text: is

text: concerned

text: say

text: good

text: bye

text: to

text: it

text: I

text: am

text: going

text: to

text: file

text: a

text: mechanics

text: lien

text: on

text: it

text: immediately

text: and

text: later

text: seek

text: civil

text: forfeiture

text: All

text: that

text: you

text: would

text: have

text: to

text: do

text: is

text: be

text: polite

text: be

text: nice

text: and

text: answer

text: my

text: news

text: related

text: questions

text: just

text: like

text: the

text: rest

text: of

text: the

text: reporters

text: except

text: your

text: buddy

text: April

text: Kaull

text: I

text: m

text: going

text: to

text: file

text: a

text: lien

text: on

text: her

text: vehicle

text: too

text: You

text: are

text: both

text: fuck

text: ups

text: assholes

text: and

text: seriously

text: emotionally

text: and

text: mentally

text: unbalanced

text: Also

text: WOWK

text: will

text: hire

text: just

text: about

text: anyone

text: Or

text: at

text: least

text: a

text: pretty

text: girl

text: reporter

text: as

text: long

text: as

text: she

text: does

text: her

text: hair

text: and

text: makeup

text: well

text: That

text: vehicle

text: is

text: exemplary

text: of

text: you

text: pretty

text: on

text: the

text: outside

text: and

text: very

text: worthless

text: inside

text: You

text: have

text: female

text: genitals

text: and

text: that

text: is

text: about

text: it

text: You

text: are

text: a

text: very

text: slander

text: to

text: the

text: word

text: woman

text: Oh

text: yeah

text: you

text: dress

text: like

text: one

text: but

text: so

text: do

text: transvestites

text: I

text: think

text: I

text: would

text: rather

text: spend

text: the

text: evening

text: with

text: a

text: pretty

text: transvestite

text: than

text: with

text: you

text: Anyhow

text: I

text: also

text: think

text: that

text: it

text: is

text: time

text: for

text: your

text: neighbors

text: to

text: get

text: to

text: know

text: you

text: better

text: and

text: I

text: will

text: be

text: making

text: attempts

text: to

text: inform

text: them

text: about

text: how

text: the

text: prima

text: donna

text: from

text: Ohio

text: things

text: sic

text: she

text: can

text: eat

text: from

text: the

text: top

text: and

text: throw

text: her

text: garbage

text: on

text: the

text: sidewalk

text: of

text: West

text: Virginia

text: and

text: Dunbar

text: I

text: also

text: noticed

text: that

text: you

text: already

text: had

text: the

text: job

text: and

text: residence

text: in

text: West

text: Virginia

text: when

text: you

text: had

text: your

text: Ohio

text: License

text: plates

text: renewed

text: for

text: one

text: year

text: anyhow

text: So

text: bye

text: bye

text: fuck

text: you

text: you

text: are

text: an

text: asshole

text: and

text: a

text: sociopath

text: and

text: an

text: embarrassment

text: to

text: mothers

text: everywhere

text: sir

text: In

text: parenthesis

text: I

text: wasn

text: t

text: bringing

text: up

text: the

text: mental

text: case

text: thing

text: again

text: since

text: it

text: is

text: genetic

text: Yes

text: sir

text: Adios

text: Eric

text: sic

text: Smooch

text: Smooch

text: J

text: A

text: In

text: August

text: Bowker

text: left

text: a

text: series

text: of

text: messages

text: on

text: Knight

text: s

text: answering

text: machine

text: asking

text: that

text: Knight

text: or

text: Knight

text: s

text: friend

text: call

text: him

text: back

text: which

text: did

text: not

text: occur

text: These

text: messages

text: contained

text: statements

text: that

text: Knight

text: reasonably

text: could

text: perceive

text: to

text: be

text: threats

text: to

text: her

text: personal

text: safety

text: Excerpts

text: include

text: the

text: following

text: statements

text: I

text: don

text: t

text: even

text: know

text: why

text: I

text: m

text: nice

text: to

text: you

text: ever

text: at

text: all

text: you

text: and

text: your

text: fucked

text: up

text: friend

text: should

text: not

text: even

text: be

text: working

text: in

text: the

text: media

text: You

text: know

text: you

text: gotta

text: mother

text: fucking

text: realize

text: there

text: s

text: like

text: percent

text: men

text: in

text: this

text: country

text: and

text: you

text: better

text: mother

text: fucking

text: learn

text: that

text: you

text: re

text: going

text: to

text: have

text: to

text: deal

text: with

text: us

text: sometime

text: Well

text: it

text: looks

text: like

text: nobody

text: is

text: going

text: to

text: answer

text: me

text: if

text: Tina

text: Knight

text: is

text: okay

text: so

text: I

text: m

text: gonna

text: take

text: the

text: a

text: m

text: bus

text: out

text: of

text: Columbus

text: Ohio

text: and

text: come

text: down

text: there

text: and

text: see

text: for

text: myself

text: Okay

text: I

text: ll

text: be

text: there

text: about

text: a

text: m

text: Bye

text: J

text: A

text: Since

text: Knight

text: testified

text: that

text: these

text: intentionally

text: intimidating

text: threatening

text: and

text: harassing

text: interstate

text: communications

text: made

text: her

text: afraid

text: to

text: leave

text: the

text: house

text: everyday

text: and

text: that

text: Bowker

text: might

text: try

text: to

text: rape

text: her

text: the

text: government

text: proved

text: all

text: of

text: the

text: elements

text: of

text: the

text: cyberstalking

text: count

text: D

text: Telephone

text: Harassment

text: Count

text: Count

text: of

text: the

text: indictment

text: charged

text: Bowker

text: with

text: telephone

text: harassment

text: in

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: The

text: government

text: had

text: to

text: prove

text: that

text: Bowker

text: made

text: interstate

text: telephone

text: calls

text: to

text: Knight

text: Bowker

text: did

text: not

text: disclose

text: his

text: identity

text: in

text: the

text: telephone

text: calls

text: and

text: in

text: the

text: telephone

text: calls

text: whether

text: or

text: not

text: conversation

text: or

text: communication

text: ensued

text: Bowker

text: intended

text: to

text: annoy

text: abuse

text: threaten

text: or

text: harass

text: Knight

text: or

text: any

text: person

text: at

text: the

text: called

text: number

text: Bowker

text: s

text: primary

text: argument

text: against

text: his

text: conviction

text: for

text: telephone

text: harassment

text: is

text: that

text: Knight

text: allegedly

text: was

text: aware

text: of

text: Bowker

text: s

text: identity

text: when

text: she

text: received

text: his

text: calls

text: The

text: statute

text: however

text: does

text: not

text: preclude

text: criminal

text: responsibility

text: merely

text: because

text: the

text: recipient

text: may

text: suspect

text: or

text: have

text: a

text: very

text: good

text: idea

text: of

text: the

text: caller

text: s

text: identity

text: Rather

text: assuming

text: that

text: Bowker

text: called

text: Knight

text: with

text: the

text: requisite

text: intent

text: to

text: annoy

text: abuse

text: threaten

text: or

text: harass

text: the

text: only

text: issue

text: is

text: whether

text: Bowker

text: disclosed

text: his

text: identity

text: in

text: those

text: calls

text: It

text: is

text: clear

text: that

text: in

text: all

text: of

text: the

text: at

text: issue

text: telephone

text: calls

text: Bowker

text: never

text: affirmatively

text: identified

text: himself

text: as

text: Erik

text: Bowker

text: In

text: fact

text: he

text: denied

text: being

text: Bowker

text: during

text: a

text: conversation

text: with

text: Knight

text: on

text: June

text: and

text: instead

text: stated

text: that

text: his

text: name

text: was

text: Mike

text: Thus

text: a

text: straightforward

text: application

text: of

text: the

text: telephone

text: harassment

text: statute

text: shows

text: that

text: the

text: jury

text: reasonably

text: found

text: the

text: non

text: disclosure

text: element

text: to

text: be

text: satisfied

text: VIII

text: Motion

text: for

text: a

text: New

text: Trial

text: on

text: Counts

text: and

text: The

text: denial

text: of

text: a

text: defendant

text: s

text: motion

text: for

text: a

text: new

text: trial

text: under

text: Federal

text: Rule

text: of

text: Criminal

text: Procedure

text: is

text: reviewed

text: for

text: abuse

text: of

text: discretion

text: United

text: States

text: v

text: Ashworth

text: F

text: d

text: th

text: Cir

text: The

text: Court

text: is

text: limited

text: to

text: examining

text: the

text: evidence

text: produced

text: at

text: trial

text: to

text: determine

text: whether

text: the

text: district

text: court

text: s

text: determination

text: that

text: the

text: evidence

text: does

text: not

text: preponderate

text: heavily

text: against

text: the

text: verdict

text: is

text: a

text: clear

text: and

text: manifest

text: abuse

text: of

text: discretion

text: Id

text: citation

text: omitted

text: As

text: discussed

text: in

text: the

text: preceding

text: section

text: there

text: was

text: ample

text: evidence

text: to

text: support

text: Bowker

text: s

text: convictions

text: on

text: Counts

text: and

text: of

text: the

text: indictment

text: Thus

text: it

text: was

text: not

text: an

text: abuse

text: of

text: discretion

text: to

text: find

text: that

text: the

text: evidence

text: did

text: not

text: preponderate

text: heavily

text: against

text: the

text: verdict

text: IX

text: Upward

text: Departure

text: for

text: Extreme

text: Psychological

text: Harm

text: to

text: the

text: Victim

text: After

text: Bowker

text: s

text: convictions

text: he

text: was

text: sentenced

text: pursuant

text: to

text: the

text: edition

text: of

text: the

text: United

text: States

text: Sentencing

text: Commission

text: Guidelines

text: Manual

text: Guidelines

text: Based

text: upon

text: a

text: final

text: offense

text: level

text: of

text: and

text: a

text: criminal

text: history

text: corresponding

text: to

text: Category

text: V

text: Bowker

text: s

text: Guidelines

text: range

text: was

text: between

text: and

text: months

text: The

text: government

text: moved

text: for

text: a

text: three

text: level

text: upward

text: departure

text: in

text: his

text: sentence

text: based

text: on

text: extreme

text: psychological

text: injury

text: to

text: the

text: victim

text: Tina

text: Knight

text: The

text: basis

text: for

text: the

text: motion

text: was

text: in

text: part

text: Guidelines

text: K

text: The

text: district

text: court

text: granted

text: the

text: motion

text: for

text: upward

text: departure

text: Because

text: Bowker

text: argues

text: that

text: the

text: sentence

text: imposed

text: by

text: the

text: district

text: court

text: was

text: outside

text: the

text: applicable

text: guideline

text: range

text: and

text: was

text: based

text: on

text: a

text: factor

text: that

text: is

text: not

text: justified

text: by

text: the

text: facts

text: of

text: the

text: case

text: this

text: Court

text: reviews

text: the

text: district

text: court

text: s

text: determination

text: under

text: a

text: de

text: novo

text: standard

text: U

text: S

text: C

text: e

text: Section

text: K

text: of

text: the

text: Guidelines

text: provides

text: K

text: EXTREME

text: PSYCHOLOGICAL

text: INJURY

text: POLICY

text: STATEMENT

text: If

text: a

text: victim

text: or

text: victims

text: suffered

text: psychological

text: injury

text: much

text: more

text: serious

text: than

text: that

text: normally

text: resulting

text: from

text: commission

text: of

text: the

text: offense

text: the

text: court

text: may

text: increase

text: the

text: sentence

text: above

text: the

text: authorized

text: guideline

text: range

text: The

text: extent

text: of

text: the

text: increase

text: ordinarily

text: should

text: depend

text: on

text: the

text: severity

text: of

text: the

text: psychological

text: injury

text: and

text: the

text: extent

text: to

text: which

text: the

text: injury

text: was

text: intended

text: or

text: knowingly

text: risked

text: Normally

text: psychological

text: injury

text: would

text: be

text: sufficiently

text: severe

text: to

text: warrant

text: application

text: of

text: this

text: adjustment

text: only

text: when

text: there

text: is

text: a

text: substantial

text: impairment

text: of

text: the

text: intellectual

text: psychological

text: emotional

text: or

text: behavioral

text: functioning

text: of

text: a

text: victim

text: when

text: the

text: impairment

text: is

text: likely

text: to

text: be

text: of

text: an

text: extended

text: or

text: continuous

text: duration

text: and

text: when

text: the

text: impairment

text: manifests

text: itself

text: by

text: physical

text: or

text: psychological

text: symptoms

text: or

text: by

text: changes

text: in

text: behavior

text: patterns

text: The

text: court

text: should

text: consider

text: the

text: extent

text: to

text: which

text: such

text: harm

text: was

text: likely

text: given

text: the

text: nature

text: of

text: the

text: defendant

text: s

text: conduct

text: Guidelines

text: K

text: Nov

text: With

text: regard

text: to

text: the

text: crime

text: of

text: stalking

text: Guidelines

text: A

text: instructs

text: that

text: an

text: upward

text: departure

text: may

text: be

text: warranted

text: if

text: the

text: defendant

text: stalked

text: the

text: victim

text: on

text: many

text: occasions

text: over

text: a

text: prolonged

text: period

text: of

text: time

text: Guidelines

text: A

text: Application

text: Note

text: The

text: record

text: shows

text: that

text: Bowker

text: stalked

text: Knight

text: on

text: many

text: occasions

text: and

text: over

text: a

text: prolonged

text: period

text: of

text: time

text: See

text: Guidelines

text: A

text: Application

text: Note

text: FBI

text: Special

text: Agent

text: James

text: McNamara

text: an

text: expert

text: on

text: stalking

text: crimes

text: testified

text: at

text: the

text: sentencing

text: hearing

text: as

text: to

text: the

text: extreme

text: nature

text: of

text: Bowker

text: s

text: conduct

text: McNamara

text: pointed

text: to

text: the

text: facts

text: that

text: the

text: harassment

text: occurred

text: over

text: a

text: period

text: of

text: years

text: and

text: in

text: two

text: different

text: states

text: involved

text: numerous

text: multi

text: media

text: contacts

text: letters

text: telephone

text: calls

text: email

text: and

text: interstate

text: travel

text: and

text: involved

text: contacts

text: with

text: Knight

text: s

text: friends

text: and

text: family

text: members

text: Further

text: Bowker

text: s

text: campaign

text: of

text: harassment

text: substantially

text: impaired

text: Knight

text: s

text: behavioral

text: functioning

text: as

text: manifested

text: by

text: changes

text: in

text: her

text: behavior

text: patterns

text: Guidelines

text: K

text: Knight

text: was

text: so

text: distressed

text: that

text: she

text: was

text: left

text: with

text: profound

text: feelings

text: of

text: paranoia

text: and

text: felt

text: compelled

text: to

text: change

text: banks

text: and

text: unlist

text: her

text: phone

text: number

text: and

text: have

text: her

text: bills

text: sent

text: to

text: a

text: different

text: address

text: She

text: also

text: purchased

text: a

text: gun

text: routinely

text: uses

text: a

text: security

text: escort

text: and

text: most

text: unfortunately

text: decided

text: to

text: forgo

text: her

text: on

text: air

text: news

text: career

text: Knight

text: s

text: Victim

text: Impact

text: Statement

text: movingly

text: captures

text: the

text: extreme

text: psychological

text: distress

text: that

text: Bowker

text: s

text: stalking

text: activities

text: inflicted

text: on

text: her

text: The

text: two

text: years

text: that

text: I

text: was

text: stalked

text: changed

text: my

text: family

text: and

text: me

text: First

text: of

text: all

text: since

text: the

text: stalking

text: began

text: because

text: of

text: my

text: job

text: as

text: a

text: television

text: news

text: reporter

text: it

text: has

text: turned

text: me

text: off

text: to

text: a

text: future

text: in

text: that

text: career

text: I

text: don

text: t

text: want

text: to

text: be

text: anyone

text: s

text: favorite

text: newscaster

text: because

text: I

text: fear

text: it

text: will

text: turn

text: into

text: another

text: situation

text: like

text: the

text: one

text: I

text: had

text: I

text: am

text: also

text: concerned

text: about

text: major

text: purchases

text: in

text: the

text: future

text: like

text: a

text: home

text: and

text: how

text: he

text: may

text: be

text: able

text: to

text: track

text: me

text: down

text: Even

text: writing

text: this

text: I

text: am

text: careful

text: not

text: to

text: mention

text: anything

text: about

text: my

text: personal

text: life

text: for

text: fear

text: he

text: will

text: read

text: this

text: and

text: it

text: will

text: give

text: him

text: another

text: means

text: by

text: which

text: to

text: contact

text: me

text: I

text: am

text: concerned

text: about

text: the

text: rest

text: of

text: my

text: life

text: I

text: am

text: not

text: confident

text: this

text: will

text: stop

text: That

text: is

text: my

text: biggest

text: fear

text: When

text: he

text: gets

text: out

text: of

text: jail

text: this

text: could

text: start

text: all

text: over

text: again

text: so

text: I

text: truly

text: can

text: never

text: relax

text: It

text: s

text: just

text: putting

text: off

text: my

text: ultimate

text: fear

text: that

text: someday

text: no

text: matter

text: what

text: I

text: do

text: he

text: will

text: show

text: up

text: at

text: my

text: front

text: door

text: with

text: intent

text: to

text: harm

text: me

text: By

text: now

text: I

text: ve

text: given

text: him

text: reason

text: to

text: really

text: hate

text: me

text: in

text: his

text: mind

text: I

text: testified

text: against

text: him

text: in

text: court

text: and

text: helped

text: put

text: him

text: in

text: jail

text: I

text: hope

text: he

text: isn

text: t

text: out

text: for

text: revenge

text: We

text: hold

text: that

text: the

text: above

text: described

text: facts

text: amply

text: justified

text: the

text: district

text: court

text: s

text: upward

text: departure

text: determination

text: Cf

text: United

text: States

text: v

text: Otto

text: F

text: d

text: th

text: Cir

text: affirming

text: upward

text: departure

text: where

text: stalking

text: victim

text: lived

text: in

text: constant

text: fear

text: for

text: herself

text: and

text: for

text: her

text: children

text: and

text: was

text: always

text: on

text: the

text: lookout

text: for

text: the

text: defendant

text: could

text: not

text: eat

text: or

text: sleep

text: lost

text: weight

text: required

text: counseling

text: and

text: feared

text: the

text: defendant

text: s

text: ultimate

text: release

text: United

text: States

text: v

text: Miller

text: F

text: d

text: d

text: Cir

text: affirming

text: upward

text: departure

text: after

text: the

text: defendant

text: had

text: engaged

text: in

text: a

text: three

text: year

text: campaign

text: of

text: harassment

text: noting

text: that

text: the

text: victim

text: had

text: been

text: afraid

text: to

text: answer

text: the

text: telephone

text: or

text: open

text: her

text: mail

text: for

text: three

text: years

text: was

text: afraid

text: to

text: remain

text: in

text: the

text: New

text: York

text: area

text: and

text: believed

text: that

text: the

text: years

text: of

text: harassment

text: had

text: hastened

text: her

text: husband

text: s

text: demise

text: X

text: Expert

text: Testimony

text: on

text: Stalking

text: As

text: noted

text: in

text: the

text: preceding

text: section

text: the

text: government

text: called

text: an

text: expert

text: on

text: stalking

text: crimes

text: FBI

text: Special

text: Agent

text: James

text: McNamara

text: to

text: testify

text: at

text: Bowker

text: s

text: sentencing

text: hearing

text: Bowker

text: argues

text: that

text: the

text: district

text: court

text: s

text: decision

text: to

text: hear

text: the

text: testimony

text: of

text: Agent

text: McNamara

text: was

text: erroneous

text: and

text: that

text: the

text: court

text: s

text: decision

text: should

text: be

text: reviewed

text: for

text: an

text: abuse

text: of

text: discretion

text: under

text: Federal

text: Rule

text: of

text: Evidence

text: The

text: Federal

text: Rules

text: of

text: Evidence

text: however

text: are

text: by

text: their

text: own

text: terms

text: expressly

text: inapplicable

text: to

text: sentencing

text: hearings

text: Fed

text: R

text: Evid

text: d

text: According

text: to

text: the

text: federal

text: statute

text: that

text: governs

text: the

text: use

text: of

text: information

text: in

text: sentencing

text: n

text: o

text: limitation

text: shall

text: be

text: placed

text: on

text: the

text: information

text: concerning

text: the

text: background

text: character

text: and

text: conduct

text: of

text: a

text: person

text: convicted

text: of

text: an

text: offense

text: which

text: a

text: court

text: of

text: the

text: United

text: States

text: may

text: receive

text: and

text: consider

text: for

text: the

text: purpose

text: of

text: imposing

text: an

text: appropriate

text: sentence

text: U

text: S

text: C

text: The

text: Supreme

text: Court

text: has

text: explained

text: that

text: this

text: statute

text: codifies

text: the

text: longstanding

text: principle

text: that

text: sentencing

text: courts

text: have

text: broad

text: discretion

text: to

text: consider

text: various

text: kinds

text: of

text: information

text: United

text: States

text: v

text: Watts

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Accordingly

text: this

text: Court

text: reviews

text: the

text: district

text: court

text: s

text: admission

text: of

text: Agent

text: McNamara

text: s

text: testimony

text: for

text: an

text: abuse

text: of

text: discretion

text: in

text: determining

text: that

text: the

text: testimony

text: had

text: sufficient

text: indicia

text: of

text: reliability

text: to

text: support

text: its

text: probable

text: accuracy

text: Guidelines

text: A

text: a

text: Agent

text: McNamara

text: has

text: been

text: with

text: the

text: FBI

text: for

text: years

text: and

text: is

text: assigned

text: to

text: the

text: FBI

text: as

text: a

text: behavioral

text: analyst

text: His

text: duties

text: include

text: looking

text: at

text: the

text: behavior

text: of

text: criminals

text: conducting

text: research

text: with

text: convicted

text: offenders

text: and

text: disseminating

text: the

text: results

text: of

text: that

text: research

text: and

text: working

text: on

text: active

text: criminal

text: cases

text: as

text: a

text: law

text: enforcement

text: consultant

text: McNamara

text: has

text: been

text: trained

text: in

text: a

text: variety

text: of

text: disciplines

text: including

text: criminal

text: justice

text: psychology

text: forensic

text: science

text: anthropology

text: and

text: psychology

text: Based

text: on

text: his

text: review

text: of

text: transcripts

text: and

text: other

text: materials

text: pertaining

text: to

text: Bowker

text: s

text: case

text: McNamara

text: testified

text: that

text: Bowker

text: had

text: engaged

text: in

text: multimedia

text: attempts

text: to

text: contact

text: Knight

text: including

text: letters

text: email

text: telephonic

text: contacts

text: and

text: the

text: sending

text: of

text: gifts

text: McNamara

text: opined

text: that

text: the

text: sending

text: of

text: gifts

text: in

text: a

text: stalking

text: case

text: is

text: significantly

text: important

text: in

text: the

text: areas

text: of

text: increased

text: dangerousness

text: He

text: further

text: testified

text: that

text: Bowker

text: escalated

text: his

text: activity

text: from

text: contacts

text: through

text: the

text: mail

text: to

text: telephonic

text: and

text: electronic

text: mail

text: contact

text: to

text: traveling

text: interstate

text: to

text: pursue

text: Knight

text: McNamara

text: also

text: indicated

text: that

text: Bowker

text: s

text: past

text: history

text: of

text: violence

text: including

text: domestic

text: abuse

text: was

text: a

text: predictor

text: of

text: future

text: dangerousness

text: or

text: violence

text: As

text: a

text: consequence

text: of

text: these

text: findings

text: McNamara

text: concluded

text: that

text: Bowker

text: was

text: a

text: more

text: dangerous

text: type

text: of

text: stalker

text: We

text: hold

text: that

text: the

text: district

text: court

text: did

text: not

text: abuse

text: its

text: discretion

text: in

text: admitting

text: Agent

text: McNamara

text: s

text: testimony

text: at

text: the

text: sentencing

text: hearing

text: His

text: testimony

text: was

text: relevant

text: to

text: the

text: court

text: s

text: application

text: of

text: Guidelines

text: A

text: which

text: determines

text: how

text: the

text: base

text: offense

text: level

text: is

text: to

text: be

text: calculated

text: for

text: the

text: crime

text: of

text: stalking

text: Guideline

text: A

text: provides

text: for

text: a

text: two

text: level

text: increase

text: in

text: the

text: base

text: offense

text: level

text: for

text: a

text: pattern

text: of

text: activity

text: involving

text: stalking

text: threatening

text: harassing

text: or

text: assaulting

text: the

text: same

text: victim

text: McNamara

text: s

text: testimony

text: directly

text: addressed

text: this

text: issue

text: Agent

text: McNamara

text: s

text: testimony

text: also

text: was

text: relevant

text: to

text: determining

text: whether

text: an

text: upward

text: departure

text: was

text: warranted

text: for

text: extreme

text: psychological

text: injury

text: to

text: the

text: victim

text: See

text: Guidelines

text: A

text: Application

text: Note

text: instructing

text: that

text: the

text: severity

text: of

text: the

text: stalking

text: may

text: warrant

text: an

text: upward

text: departure

text: Therefore

text: the

text: district

text: court

text: did

text: not

text: err

text: in

text: entertaining

text: Agent

text: McNamara

text: s

text: expert

text: testimony

text: at

text: sentencing

text: XI

text: Bowker

text: s

text: Right

text: of

text: Allocution

text: Federal

text: Rule

text: of

text: Criminal

text: Procedure

text: i

text: A

text: ii

text: provides

text: that

text: before

text: imposing

text: a

text: sentence

text: the

text: court

text: must

text: address

text: the

text: defendant

text: personally

text: in

text: order

text: to

text: permit

text: the

text: defendant

text: to

text: speak

text: or

text: present

text: any

text: information

text: to

text: mitigate

text: the

text: sentence

text: Bowker

text: argues

text: that

text: the

text: district

text: court

text: denied

text: him

text: this

text: right

text: of

text: allocution

text: We

text: apply

text: a

text: de

text: novo

text: standard

text: of

text: review

text: United

text: States

text: v

text: Wolfe

text: F

text: d

text: th

text: Cir

text: After

text: Bowker

text: s

text: attorney

text: cross

text: examined

text: Agent

text: McNamara

text: the

text: FBI

text: expert

text: on

text: stalking

text: the

text: district

text: court

text: asked

text: Bowker

text: directly

text: Is

text: there

text: anything

text: that

text: you

text: have

text: to

text: say

text: to

text: this

text: Court

text: before

text: it

text: imposes

text: sentence

text: Bowker

text: responded

text: that

text: he

text: would

text: like

text: to

text: read

text: a

text: lengthy

text: statement

text: and

text: the

text: court

text: told

text: Bowker

text: to

text: proceed

text: Bowker

text: began

text: by

text: challenging

text: his

text: prior

text: criminal

text: history

text: The

text: court

text: then

text: went

text: through

text: each

text: crime

text: that

text: formed

text: the

text: foundation

text: for

text: the

text: assignment

text: of

text: a

text: Criminal

text: History

text: Category

text: V

text: Bowker

text: then

text: asked

text: to

text: address

text: some

text: things

text: that

text: occurred

text: during

text: his

text: trial

text: and

text: the

text: court

text: told

text: him

text: to

text: proceed

text: Bowker

text: gave

text: a

text: lengthy

text: justification

text: for

text: his

text: conduct

text: underlying

text: his

text: convictions

text: complained

text: about

text: not

text: being

text: able

text: to

text: testify

text: as

text: to

text: his

text: intent

text: and

text: pointed

text: out

text: that

text: he

text: has

text: severe

text: physical

text: disabilities

text: and

text: mental

text: problems

text: Bowker

text: next

text: complained

text: about

text: the

text: performance

text: of

text: his

text: attorney

text: Bowker

text: then

text: asked

text: the

text: court

text: to

text: have

text: his

text: mother

text: testify

text: which

text: the

text: court

text: permitted

text: The

text: only

text: request

text: the

text: district

text: court

text: appeared

text: to

text: deny

text: Bowker

text: was

text: his

text: desire

text: to

text: read

text: a

text: page

text: statement

text: into

text: the

text: record

text: Based

text: on

text: the

text: totality

text: of

text: the

text: circumstances

text: we

text: see

text: no

text: merit

text: to

text: Bowker

text: s

text: argument

text: that

text: he

text: was

text: denied

text: the

text: right

text: of

text: allocution

text: Cf

text: United

text: States

text: v

text: Kellogg

text: F

text: d

text: th

text: Cir

text: Although

text: the

text: defendant

text: has

text: a

text: right

text: of

text: allocution

text: at

text: sentencing

text: that

text: right

text: is

text: not

text: unlimited

text: XII

text: Conclusion

text: For

text: all

text: the

text: foregoing

text: reasons

text: we

text: AFFIRM

text: Defendant

text: Bowker

text: s

text: convictions

text: and

text: sentence

text: This

text: case

text: shall

text: be

text: REMANDED

text: for

text: the

text: district

text: court

text: to

text: conduct

text: a

text: hearing

text: and

text: to

text: rule

text: on

text: Bowker

text: s

text: motion

text: to

text: return

text: seized

text: property

text: Notes

text: The

text: Honorable

text: Richard

text: Mills

text: United

text: States

text: District

text: Judge

text: for

text: the

text: Central

text: District

text: of

text: Illinois

text: sitting

text: by

text: designation

text: Count

text: of

text: the

text: indictment

text: charges

text: Bowker

text: with

text: interstate

text: stalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: That

text: section

text: penalizes

text: whoever

text: travels

text: in

text: interstate

text: or

text: foreign

text: commerce

text: or

text: within

text: the

text: special

text: maritime

text: and

text: territorial

text: jurisdiction

text: of

text: the

text: United

text: States

text: or

text: enters

text: or

text: leaves

text: Indian

text: country

text: with

text: the

text: intent

text: to

text: kill

text: injure

text: harass

text: or

text: intimidate

text: another

text: person

text: and

text: in

text: the

text: course

text: of

text: or

text: as

text: a

text: result

text: of

text: such

text: travel

text: places

text: that

text: person

text: in

text: reasonable

text: fear

text: of

text: the

text: death

text: of

text: or

text: serious

text: bodily

text: injury

text: to

text: that

text: person

text: a

text: member

text: of

text: the

text: immediate

text: family

text: as

text: defined

text: in

text: section

text: of

text: that

text: person

text: or

text: the

text: spouse

text: or

text: intimate

text: partner

text: of

text: that

text: person

text: Count

text: of

text: the

text: indictment

text: charges

text: Bowker

text: with

text: cyberstalking

text: in

text: violation

text: of

text: U

text: S

text: C

text: A

text: That

text: section

text: penalizes

text: whoever

text: with

text: the

text: intent

text: A

text: to

text: kill

text: or

text: injure

text: a

text: person

text: in

text: another

text: State

text: or

text: tribal

text: jurisdiction

text: or

text: within

text: the

text: special

text: maritime

text: and

text: territorial

text: jurisdiction

text: of

text: the

text: United

text: States

text: or

text: B

text: to

text: place

text: a

text: person

text: in

text: another

text: State

text: or

text: tribal

text: jurisdiction

text: or

text: within

text: the

text: special

text: maritime

text: and

text: territorial

text: jurisdiction

text: of

text: the

text: United

text: States

text: in

text: reasonable

text: fear

text: of

text: the

text: death

text: of

text: or

text: serious

text: bodily

text: injury

text: to

text: i

text: that

text: person

text: ii

text: a

text: member

text: of

text: the

text: immediate

text: family

text: as

text: defined

text: in

text: section

text: of

text: that

text: person

text: or

text: iii

text: a

text: spouse

text: or

text: intimate

text: partner

text: of

text: that

text: person

text: uses

text: the

text: mail

text: or

text: any

text: facility

text: of

text: interstate

text: or

text: foreign

text: commerce

text: to

text: engage

text: in

text: a

text: course

text: of

text: conduct

text: that

text: places

text: that

text: person

text: in

text: reasonable

text: fear

text: of

text: the

text: death

text: of

text: or

text: serious

text: bodily

text: injury

text: to

text: any

text: of

text: the

text: persons

text: described

text: in

text: clauses

text: i

text: through

text: iii

text: Count

text: of

text: the

text: indictment

text: charges

text: Bowker

text: with

text: telephone

text: harassment

text: in

text: violation

text: of

text: U

text: S

text: C

text: a

text: C

text: That

text: section

text: penalizes

text: whoever

text: in

text: interstate

text: or

text: foreign

text: communications

text: C

text: makes

text: a

text: telephone

text: call

text: or

text: utilizes

text: a

text: telecommunications

text: device

text: whether

text: or

text: not

text: conversation

text: or

text: communication

text: ensues

text: without

text: disclosing

text: his

text: identity

text: and

text: with

text: intent

text: to

text: annoy

text: abuse

text: threaten

text: or

text: harass

text: any

text: person

text: at

text: the

text: called

text: number

text: or

text: who

text: receives

text: the

text: communications

text: Bowker

text: made

text: Knight

text: s

text: Victim

text: Impact

text: Statement

text: part

text: of

text: the

text: public

text: record

text: in

text: the

text: district

text: court

text: when

text: he

text: attached

text: it

text: as

text: an

text: exhibit

text: to

text: his

text: response

text: to

text: the

text: United

text: States

text: motion

text: for

text: an

text: upward

text: departure