United States v. Sulik

Sulik pleaded guilty to cyberstalking, 18 U.S.C. 2261A(2), after he sent threatening emails to a member of Congress. The threats followed the representative calling General John Kelly, then White House Chief of Staff, a “disgrace to the uniform he used to wear” and included statements: “You put your family at risk,” “Marines are loyal to their Generals, not low life parasite politicians like you,” and “What are you going to do before I erase you?” The district court concluded that his crime was motivated by the victim’s status as a government officer, triggering a six-level enhancement under USSG 3A1.2. Sulik was sentenced to 48 months in prison. Without the enhancement, Sulik’s range would have been 24-30 months. The Sixth Circuit affirmed. The “official victim” enhancement applies if the victim is a current or former “government officer or employee,” or an immediate family member, and “the offense of conviction was motivated by such status.” A defendant’s knowledge of the victim’s official status alone cannot trigger the enhancement. The comment that triggered Sulik’s threats was a public response to the debate about a matter of great political significance: immigration policy. In at least one email, Sulik referenced the Representative’s official status; the threats were sent “to a campaign email, not a personal address.” While the evidence was “barely sufficient” to support the application of the enhancement, there was no clear error. View "United States v. Sulik" on Justia Law