United States v. Perelman

OPINION

GRABER, Circuit Judge:

Defendant David M. Perelman fraudulently obtained a Purple Heart and wore it in public. The government indicted him for violating 18 U.S.C. § 704(a), which prohibits (among other things) the unauthorized wearing of military medals. Defendant pleaded guilty but reserved his right to appeal the district court’s rejection of his First Amendment facial challenge to the statute. Reviewing de novo the constitutionality of the statute, United States v. Vongxay, 594 F.3d 1111, 1114 (9th Cir.), cert. denied, — U.S. —, 131 S.Ct. 294, 178 L.Ed.2d 193 (2010), we affirm.

Defenda…