Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 09-13-2019
Case Style:
United States of America v. Nicholas Huffine
Case Number: 2:19-cr-00188-DWA
Judge:
Court: United States District Court for the Western District of Pennsylvania (Allegheny County)
Plaintiff's Attorney: Jessica Lieber Smolar
Defendant's Attorney:
Call Kent Morlan at 888-354-4529 if you need a criminal defense lawyer in Pittsburgh, Pennsylvania..
Description:
Pittsburgh, PA - Fayette County Man Admits Making Hoax Emergency Phone Calls to Elicit an Armed Police Response: Practice is Known as “Swatting”
A resident of Dunbar, Pennsylvania, pleaded guilty in federal court to a charge of interstate threats, United States Attorney Scott W. Brady announced today.
Nicholas Huffine, age 20, pleaded guilty to one count before Senior United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that Huffine participated in a practice known as "swatting," in which he, along with others, made hoax emergency telephone calls to the Winter Garden, Florida, Police Department, and falsely reported an ongoing, dangerous crime in order to elicit an armed police response (from a SWAT team, hence the term "swatting") to a specific location, in order to harass someone whom he believed was there. The calls resulted in emergency personnel being deployed, as well as physical damage due to forced entry to one of the residences where Huffine directed the law enforcement officers.
"Swatting is terrifying to victims, as well as highly dangerous as law enforcement agents operate under the belief that they are responding to the scene of active and ongoing violent criminal activity," said U.S. Attorney Brady.
Judge Ambrose scheduled sentencing for January 9, 2020. The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Charge:
INTERSTATE THREATS in violation of 18 U.S.C. 875(c) :
(a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both.
(c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.
Outcome: 09/11/2019 10 Minute Entry for proceedings held before Judge Donetta W. Ambrose: Waiver & Plea Hearing as to NICHOLAS HUFFINE held on 9/11/2019. (Court Reporter: Julie Kienzle) (Attachments: # 1 Exhibit) (sps) (Entered: 09/11/2019)
09/11/2019 11 WAIVER OF INDICTMENT by NICHOLAS HUFFINE. (sps) (Entered: 09/11/2019)
09/11/2019 12 Sealed Plea Supplement as to NICHOLAS HUFFINE, filed in accordance with the Court's Standing Order at Miscellaneous No. 17-447. (sps) (Entered: 09/11/2019)
09/11/2019 13 Guilty PLEA ENTERED on Count 1 of the Information as to NICHOLAS HUFFINE. (sps) (Entered: 09/11/2019)
09/11/2019 14 PRESENTENCE ORDER as to NICHOLAS HUFFINE: Sentencing is set for 1/9/2020 at 11:00 AM in Courtroom 3B before Judge Donetta W. Ambrose. Signed by Judge Donetta W. Ambrose on 9/11/19. (sps) (Entered: 09/11/2019)
09/11/2019 15 Unsecured Bond Entered as to NICHOLAS HUFFINE in amount of $5,000. (sps) (Entered: 09/11/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: