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U.S. v. SWISHER

No. 11-35796.

771 F.3d 514 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Elven Joe SWISHER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2014.

Attorney(s) appearing for the Case

Joseph Theodore Horras , Smith Horras, P.A., Boise, ID, for Defendant-Appellant.

Victoria L. Francis (argued), Assistant United States Attorney; Jessica T. Fehr , Special Assistant to the Attorney General, Billings, MT, for Plaintiff-Appellee.

Before: ARTHUR L. ALARCÓN, A. WALLACE TASHIMA, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Defendant Elven Joe Swisher was convicted for wearing military medals without authorization in violation of 18 U.S.C. § 704(a) (2002 ed.). After Swisher's conviction became final, the Supreme Court struck down 18 U.S.C. § 704(b) (2011 ed.), which criminalized making false claims regarding an entitlement to military honors, on First Amendment grounds. United States v. Alvarez...

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