UNITED STATES OF AMERICA, Plaintiff-Appellant,
v.
ROBERT RUNDO; ROBERT BOMAN, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 18, 2024 — Pasadena, California.
Filed July 18, 2024.
Attorney(s) appearing for the Case
Alexander P. Robbins (argued), Assistant United States Attorney, Deputy Chief Criminal Appeals Section; David R. Friedman, Solomon D. Kim, Kathrynne Seiden, Annamartine Salick, and Anna Boylan, Assistant United States Attorneys, Criminal Appeals Section; Bram M. Alden, Assistant United States Attorney, Criminal Appeals Section Chief; Cameron L. Schroeder, Assistant United States Attorney, National Security Division Chief; Mack E. Jenkins, Assistant United States Attorney, Criminal Division Chief; Elena S. Artson, Assistant United States Attorney, Appeals Section Chief; E. Martin Estrada, United States Attorney; United States Department of Justice, Office of the United States Attorney, Los Angeles, California; for Plaintiff-Appellant.
Caroline S. Platt (argued), Assistant Federal Public Defender; Julia Deixler, Deputy Federal Public Defender; Cuauhtemoc Ortega, Margaret A. Farrand, and Erin Murphy, Federal Public Defenders, Central District of California; Federal Public Defender's Office, Los Angeles, California; Peter Swarth, Law Offices of Peter Swarth, West Hills, California; for Defendants-Appellees.
Opinion by Judge Milan D. Smith, Jr.
OPINION
M. SMITH, Circuit Judge.
Defendants Robert Paul Rundo and Robert Boman were charged with conspiracy to violate the Anti-Riot Act, 18 U.S.C. §§ 2101-02, as well as with substantively violating the Act. In a prior appeal, the district court held that the Act was unconstitutional due to facial overbreadth under the First...
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