A federal prosecutor said Tuesday that he plans to ask a judge to revoke the probation of a former UC Irvine student who became the first person in the nation convicted of sending threatening e-mail.
Richard Machado was arrested Sept. 16 on a bench warrant and is being held at the Metropolitan Detention Center in downtown Los Angeles, Assistant U.S. Atty. Michael Gennaco said.
"We're going to ask that his supervisory release be revoked because he's failed to report to his probation officer and abide by the terms of the release," Gennaco said.
Machado is set to appear in federal court in Santa Ana today, he said.
Machado was convicted of interfering with the rights of Asian American students at UCI after sending two batches of e-mail by Internet to about 60 students in 1996.
In one note, Machado threatened to "find and kill everyone of you personally" and signed the message "Asian Hater."
At trial, Machado testified that he did not intend to carry out the threat but that he was bored and was trying to spark a dialogue.
U.S. District Judge Alicemarie Stotler sentenced him to a year in jail, but he had already served the time while awaiting trial. Stotler put Machado on a year of supervisory release May 4.
Machado's attorney, Deputy Federal Public Defender Sylvia Torres-Guillen, was unavailable for comment Tuesday.