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U.S. v. SZABO

No. 12-10520.

760 F.3d 997 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. William J. SZABO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2014.

Attorney(s) appearing for the Case

Douglas Beevers (argued), Assistant Federal Defender, Joseph Schlesinger , Acting Federal Defender, Heather E. Williams , Acting Federal Defender, and Zachary Schultz , Certified Law Student, Office of the Federal Defender, Sacramento, CA, for Defendant-Appellant.

Ashwin Janakiram (argued), Special Assistant United States Attorney, Benjamin Wagner , United States Attorney, and Camil Skipper , Appellate Chief, Office of the United States Attorney, Sacramento, CA, for Plaintiff-Appellee.

Before: DOROTHY W. NELSON, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Defendant-Appellant William J. Szabo appeals from his judgment of conviction under Title 38, Code of Federal Regulations, Section 1.218(a)(5), arguing that the regulation violates the First and Fifth Amendments, both facially and as applied to his conduct. With regard to Szabo's as-applied challenges, we affirm the judgment of the district court. We dismiss Szabo's facial challenge for lack of jurisdiction.

FACTUAL...

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