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U.S. v. PERELMAN

No. 10-10571.

658 F.3d 1134 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. David M. PERELMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2011.

Attorney(s) appearing for the Case

Alina M. Shell , and Rene L. Valladares , Assistant Federal Public Defenders, Las Vegas, NV, for the defendant-appellant.

Roger Yang , Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.

Allen Lichtenstein , ACLU of Nevada, Las Vegas, NV, for the amicus curiae.

Before: PROCTER HUG, JR., BARRY G. SILVERMAN, and SUSAN P. GRABER, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Defendant David M. Perelman fraudulently obtained a Purple Heart and wore it in public. The government indicted him for violating 18 U.S.C. § 704(a), which prohibits (among other things) the unauthorized wearing of military medals. Defendant pleaded guilty but reserved his right to appeal the district court's rejection of his First Amendment facial challenge to the statute. Reviewing de novo the constitutionality of the...

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