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U.S. v. ALVAREZ

No. 08-50345.

617 F.3d 1198 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier ALVAREZ, aka Javier RGK-1 Alvarez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2010.

Attorney(s) appearing for the Case

Jonathan D. Libby , Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Craig H. Missakian , Assistant U.S. Attorney, Cyber and Intellectual Property Section, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge MILAN D. SMITH, JR.; Dissent by Judge BYBEE.

MILAN D. SMITH, Circuit Judge:

Defendant-Appellant Xavier Alvarez conditionally pleaded guilty to one count of falsely verbally claiming to have received the Congressional Medal of Honor, in violation of the Stolen Valor Act (the Act), 18 U.S.C. § 704(b), (c),1 reserving his right to appeal the Act's constitutionality.

The Act, as presently drafted, applies to pure speech; it imposes...

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