United States of America v. Timothy Michael Dever, a timothy-michael: de vere, a/k/a Timothy Michael Deaver

Asheville, North Carolina, criminal defense lawyer represented the Defendant charged with aiding and abetting interstate threatening communication, in violation of 18 U.S.C. §§ 2, 875(c).

To establish a violation of § 875(c), the government must prove “(1) the defendant
knowingly communicate[d] a statement in interstate commerce that (2) contain[ed] a ‘true
threat’ that is not protected by the First Amendment.” United States v. White, 810 F.3d 212, 219 (4th Cir. 2016). The government must also “prove the defendant ‘had some understanding of his statements’ threatening character,’” in that he at least “‘consciously disregarded a substantial risk that his communications would be viewed as threatening violence.’” In re Rendelman, 129 F.4th 248, 252 (4th Cir. 2025) (quoting Counterman v. Colorado, 600 U.S. 66, 69, 73 (2023)). Upon review, we conclude that the magistrate judge did not plainly err in finding Dever’s guilty plea to aiding and abetting the charged violations of § 875(c) was supported by an adequate factual basis.

The Defendant was found guilty and was sentenced to 120-months in prison.