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U.S. v. CHAPPELL

No. 10-4746.

691 F.3d 388 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas P. CHAPPELL, Defendant-Appellant, v. Commonwealth of Virginia, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: August 14, 2012.

Attorney(s) appearing for the Case

ARGUED: Caroline Swift Platt , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Jamie L. Mickelson , Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Brian Mizer , Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee. Kenneth T. Cuccinelli, II , Attorney General of Virginia, E. Duncan Getchell, Jr. , Solicitor General of Virginia, Charles E. James, Jr. , Chief Deputy Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General, Richmond, Virginia, for Intervenor.

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Chief Judge TRAXLER joined. Judge WYNN wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

The Virginia police impersonation statute, Virginia Code § 18.2-174, prohibits individuals from falsely assuming or pretending to be a law enforcement officer. In this case, appellant asks us to hold the statute facially unconstitutional under the First Amendment. For the reasons that follow, we decline the invitation and affirm the judgment of the district court.

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