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U.S. v. CASSEL

No. 03-10683.

408 F.3d 622 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Kent CASSEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2005.

Attorney(s) appearing for the Case

Joan Jacobs Levie, Fresno, CA, argued the cause for the appellant.

Jonathan B. Conklin, U.S. Attorney's Office, Fresno, CA, argued the cause for the appellee. McGregor W. Scott, U.S. Attorney's Office, Fresno, CA, was on the brief.

Before O'SCANNLAIN, COWEN, and BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether the First Amendment permits the government to punish a threat without proving that it was made with the intent to threaten the victim.

I

In early 1998, Paul Kent Cassel and his girlfriend, Anastasia Kafteranis, were living on property owned by Kafteranis and located near Randsburg, California, in the Mojave Desert. The federal government owned several lots near Kafteranis's property and it sought...

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