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UNITED STATES v. LINEHAN

No. 21-50206.

56 F.4th 693 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. David LINEHAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 22, 2022.

Attorney(s) appearing for the Case

Elizabeth Richardson-Royer , San Francisco, California, for Defendant-Appellant.

Mark R. Rehe and Daniel E. Zipp , Assistant United States Attorneys; Merrick B. Garland , United States Attorney General, Office of the United States Attorney, San Diego, California, for Plaintiff-Appellee.

Before: Kenneth K. Lee and Daniel A. Bress, Circuit Judges, and Sidney A. Fitzwater, District Judge.

OPINION

While in prison on federal charges, David Linehan solicited others to deliver a bomb to the home of a witness who had testified against him at his criminal trial. The federal solicitation statute, 18 U.S.C. § 373, punishes the solicitation of federal crimes that have "as an element the use, attempted...

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