U.S. v. MISELIS

No. 19-4550, No. 19-4551.

972 F.3d 518 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Paul MISELIS, Defendant-Appellant. The Free Expression Foundation, Inc., Amicus Supporting Appellant. United States of America, Plaintiff-Appellee, v. Benjamin Drake Daley, Defendant-Appellant. The Free Expression Foundation, Inc., Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 24, 2020.


Attorney(s) appearing for the Case

ARGUED: Lisa M. Lorish , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellants. Laura Day Rottenborn , OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. ON BRIEF: Juval O. Scott , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellant Benjamin Daley. Raymond C. Tarlton , TARLTON %CO POLK PLLC, Raleigh, North Carolina, for Appellant Michael Miselis. Thomas T. Cullen , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Glen K. Allen , Baltimore, Maryland, for Amicus The Free Expression Foundation, Inc.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge King and Judge Rushing joined.


Michael Paul Miselis and Benjamin Drake Daley entered conditional guilty pleas to one count each of conspiracy to commit an offense against the United States, in violation of 18 U.S.C. § 371, with the substantive offense being a violation of the Anti-Riot Act, 18 U.S.C. §§ 2101-02. The charges arise from the defendants...

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