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U.S. v. SWISHER

No. 11-35796.

811 F.3d 299 (2016)

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

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2016.

Attorney(s) appearing for the Case

Joseph Theodore Horras , Boise, ID, for Defendant-Appellant.

John M. Pellettieri (argued), Attorney, Appellate Section; Leslie R. Caldwell , Assistant Attorney General; Sung-Hee Suh , Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Opinion by Judge IKUTA; Dissent by Judge BYBEE.

OPINION

This appeal requires us to determine whether the reasoning in United States v. Alvarez, ___ U.S. ___, 132 S.Ct. 2537, 183 L.Ed.2d 574 (2012), which invalidated a statute prohibiting lying about being awarded military medals, see 18 U.S.C. § 704(b) (2011...

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