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UNITED STATES v. RUNDO

No. 19-50189.

990 F.3d 709 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Paul RUNDO; Robert Boman; Tyler Laube; Aaron Eason, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2021.

Attorney(s) appearing for the Case

Elana Shavit Artson (argued), David T. Ryan , and George E. Pence , Assistant United States Attorneys; Christopher D. Grigg , Chief, National Security Division; L. Ashley Aull , Chief, Criminal Appeals Section; Nicola T. Hanna , United States Attorney; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellant.

Brianna F. Mircheff (argued), Deputy Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; Peter Carl Swarth , West Hills, California; Jerome J. Haig , Torrance, California; John Neil McNicholas , Redondo Beach, California; for Defendants-Appellees.

Andrew Allen , Belvedere, California, for Amicus Curiae Free Expression Foundation Inc.

Partial Concurrence and Partial Dissent by Judge Fernandez.

OPINION

The United States (hereafter, "the government") appeals from the district court's dismissal of the indictment against Defendants Robert Paul Rundo, Robert Boman, Tyler Laube, and Aaron Eason.1 The Defendants were charged with conspiracy to violate the Anti-Riot Act,2

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