Eighth Circuit: United States v. Shawn Thomason

 

As the writings found in the defendant's car supported the theory of the crime and established a potential future danger to the community, consideration in sentencing was not a violation of the First Amendment.

As the deft requested the change late in the trial, the claim of prosecutorial misconduct due to the use of gender-specific pronouns was waived; alternatively, pronouns are not dispositive.  Misgendering is insufficient basis for a claim of judicial bias; no error in denial of motion to recuse.

Plea deal identifying one act as applicable for restitution did not preclude the seeking or award of restitution under an additional act.

Interstate stalking statute does not unconstitutionally co-opt state authorities.


United States  v.  Shawn Thomason