U.S. v. O'DONNELL

No. 09-50296.

608 F.3d 546 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Pierce O'DONNELL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2010.


Attorney(s) appearing for the Case

George S. Cardona, Acting United States Attorney, Christine C. Ewell, Assistant United States Attorney, and Erik M. Silber (argued), Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

George J. Terwilliger III (argued), Daniel B. Levin, Darryl S. Lew and Michael H. Huneke, White & Case LLP, Washington, D.C., for the defendant-appellee.

Thomasenia P. Duncan, David Kolker, Kevin Deeley, Erin Chlopak and Steve Hajjar, Federal Election Commission, Washington, D.C., for amicus curiae Federal Election Commission.

Peter Ferrara, American Civil Rights Union, McLean, VA, for amicus curiae American Civil Rights Union.

J. Gerald Hebert, Paul S. Ryan and Tara Malloy, Campaign Legal Center, Washington, D.C.; Donald J. Simon, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C.; Fred Wertheimer, Democracy 21, Washington, D.C., for amici curiae Campaign Legal Center and Democracy 21.

Melanie Sloan, Citizens for Responsibility and Ethics in Washington, Washington, D.C., for amicus curiae Citizens for Responsibility and Ethics in Washington.

Before: ALFRED T. GOODWIN, WILLIAM C. CANBY, JR., and RAYMOND C. FISHER, Circuit Judges.


FISHER, Circuit Judge:

Federal campaign finance law says that "[n]o person shall make a contribution in the name of another person." 2 U.S.C. § 441f. We hold that this law prohibits a person from providing money to others to donate to a candidate for federal office in their own names, when in reality they are merely "straw donors."

BACKGROUND

Defendant Pierce O'Donnell is alleged to have contributed $26,000 of his money in 2003 to the Edwards...

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