people in Iraq I decided to take charge and run America. I don't know if you have noticed but America has some SERIOUS problems...." The final sentence of the letter states "[i]f George Bush refuses to see the truth and uphold the Constitution I will personally put a bullet in his head." After reading the letter, Miss Rittenhour immediately reported the threat to her supervisor and the police.


9
Miss Lockhart had written letters in the past, which were in the possession of the Secret Service, and at the time she delivered her letter at the Food Lion, the Secret Service already had a file 6-8 inches thick of letters from Miss Lockhart. In September 1992, after Miss Lockhart wrote a letter containing a threat to the President and mailedit to Apple Computer Corporation, a Secret Service agent visited Miss Lockhart and warned her that her threats violated the law and could result in imprisonment. The Secret Service visited Miss Lockhart at least one other time, in February 2003, to warn her about the consequences of threatening the President.


10
Miss Lockhart was indicted on account of the April, 2003 Food Lion letter, on June 18, 2003, in the United States District Court for the Eastern District of Virginia for threatening the President of the United States in violation of 18 U.S.C. § 871(a). Miss Lockhart pleaded not guilty and waived her right to a jury trial. She was tried by the district court, found guilty and sentenced to 21 months imprisonment. Miss Lockhart timely appealed.

II.

11
Miss Lockhart raises three