Thomas Midkiff * Title:
U.S. v. Wise, 221 F.3d 140 (5th Cir. 2000) * Facts:
John Cain met employee Oliver Dean Emigh (“Emigh”) and owner John Roberts at the Bargain Barn in March of 1998. John Cain (“Cain”) was a self-employed computer consultant. John Roberts (“Roberts”) explained to Cain that he needed documents typed for Republic of Texas (“ROT”) legal matters due to being a member of the ROT. Cain met with Johnie Wise and Roberts the next day at the Bargain Barn to discuss computer related topics. Cain became worried about Roberts, ROT affiliation when he went to work for Roberts on a daily basis. Cain told the Federal Bureau of Investigation (FBI) about Roberts’ request for secretarial assistance on ROT matters…show more content… § 2332a. The phrase “without lawful authority” in § 2332a was intended persons that are not authorized to use biological agents by the appropriate authorities for legitimate purposes. The appellants argued that their actions in the e-mails were lawful due to Cain acting for the government. The appellants were confusing aiding and abetting with conspiracy. Conspiracy is the proof of a conspiratorial agreement aiding and abetting requires there be a “community of unlawful intent” between the aider and abettor and the principal. Aiding and abetting the commission of a crime and conspiracy to commit that are separate and distinct offenses. Title 18, United States Code, Section 2332a makes it a crime for anyone to threaten to use a weapon of mass destruction against any person within the United States and results of such use would have affected interstate or foreign commerce. A person has to knowingly and intentionally threaten to use a weapon or weapons of mass destruction against persons within the United States that would affect interstate or foreign commerce to be convicted of affecting interstate commerce. Entrapment occurs "when the criminal design originates with the officials of the government, and they implant in the mind of an innocent person the disposition to commit the alleged offense and induce its commission in order that they may prosecute. Wise and
