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MacDONALD v. MOOSE

No. 11-7427.

710 F.3d 154 (2013)

William Scott MacDONALD, Petitioner-Appellant, v. Tim MOOSE, Respondent-Appellee, and Keith Holder, Probation Officer, Respondent. Dean and Professor Erwin Chemerinksy; American Civil Liberties Union of Virginia, Incorporated; Lambda Legal Defense and Education Fund, Incorporated, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 12, 2013.

Attorney(s) appearing for the Case

ARGUED: Benjamin E. Rosenberg, Dechert, LLP, New York, New York, for Appellant. Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Joshua D.N. Hess, Dechert, LLP, San Francisco, California, for Appellant. Kenneth T. Cuccinelli, II, Attorney General of Virginia, Richmond, Virginia, for Appellee. Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia; Susan L. Sommer, Gregory R. Nevins, Lambda Legal Defense and Education Fund, Inc., New York, New York, for Amici Supporting Appellant.

Reversed and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge MOTZ joined. Judge DIAZ wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth's criminal solicitation statute, found in section 18.2-29. The criminal solicitation statute provides that...

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