Prof. Jonathan Witmer-Rich (Cleveland State) posted this to a discussion list that I'm on, and graciously allowed me to forward it; it's about today's U.S. v. Ferguson (6th Cir.):
Great case from the Sixth Circuit today on attempt, reversing a conviction for attempted kidnapping. The majority (2-1) holds that there was insufficient evidence of a "substantial step." … The first paragraph sets the scene:
Ferguson, a black man from Cleveland, then 20 years old, aroused FBI suspicion in March 2020 with his internet postings. Ferguson led an online chat room on the Discord platform known as the 75th Spartans. In this chatroom, Ferguson, whose moniker was "Grinch75R," described his desire to create a militia group and revolt against tyranny. On March 18, 2020, Ferguson wrote that he wanted to organize the Spartans into "centurions to orchestrate raids for supplies such as weapon and armor." On April 7, 2020, Ferguson asked a member of the chatroom, a 14-year-old with the moniker "SecretAgentRandyBeans," whether he could drive because Ferguson wanted to do a "small claim" with the cops and "leave a calling card with the Spartans name." Ferguson stated he had not found any recruits yet. In response, SecretAgentRandyBeans stated he could "kinda drive."
