UNITED STATES OF AMERICA v. TODD ALLEN SPENCER, a/k/a Todd Alan Spencer
US Court of Appeals for the Fourth Circuit, Wilkinson, Feb. 9, 2017,
Sentencing- Based on the impact it had on the victim, a 45 month sentence for sending a threatening letter coated with fake anthrax was not unreasonable even where it marked a significant departure from guidelines.

Defendant got a 1-month discount for winning on appeal.
Spencer sent a threatening letter coated in dried toothpaste to a district court clerk in VA. She was quarantined by marshals until they determined that it was a hoax. Spencer was originally convicted under 18 USC 876(c) and sentenced to 46 months with a 6-level increase under USSG 2A6.1(b)(1) for “conduct evidencing intent to carry out the threat.” The Fourth Circuit reversed on appeal, holding that based on using toothpaste there was no evidence Spencer intended to follow through on the threat. On remand, Spencer was sentenced to 45 months given the pain and suffering endured by the victim and the need to deter similar actions.

The letter was covered in white powder and read, in part, as follows:

You never know when it can happen! The very letter you hold may indeed be the last you hold. This letter may contain on it what takes your last breath. Who knows? Only time will tell. Good luck to you.
. . . .
Should you run? Should you stay? Who do you call to make it all go away? Are you already infected with the pain? What do you do? Is there anything to gain? Only time will tell.

On sentencing the judge noted that the victim “thought somebody had sentenced her to death,” and “it’s something one can’t forget. . . . It’s like war.”