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U.S. v. KELLY

Nos. 11-30084, 11-30085, 11-30086, 11-30087, 11-30090.

676 F.3d 912 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen M. KELLY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lynne T. Greenwald, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. William J. Bichsel, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Susan S. Crane, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Anne Montgomery, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 13, 2012.

Attorney(s) appearing for the Case

Roger A. Hunko , Law Offices of Wecker A. Hunko , Port Orchard, WA; Thomas A. Campbell , Law Offices of Steven D. Weier , Auburn, WA; Jerome Kuh , Assistant Federal Public Defender, Federal Public Defender's Officer, Paula Olson , Blake Kremer , Tacoma, WA, for the defendants-appellants.

Arlen R. Storm , Assistant United States Attorney, United States Attorney's Office, Tacoma, WA, for the plaintiff-appellee.

Before: RICHARD A. PAEZ and MARY H. MURGUIA, Circuit Judges, and JAMES S. GWIN, District Judge.

OPINION

GWIN, District Judge:

On November 2, 2009, appellants Father Stephen Kelly, Lynne Greenwald, Father William Bichsel, Susan Crane, and Sister Anne Montgomery — in an act of symbolic protest against nuclear weapons — cut their way through two fences and into a secure area of United States Naval Base Kitsap-Bangor, near Seattle. All are longtime peace and disarmament activists. Two are Catholic priests, and one is an eighty-year-old Catholic...

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