United States v. Elven Swisher

Opinion by Judge IKUTA; Dissent by Judge BYBEE.

OPINION

IKUTA, Circuit Judge:

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 ed.),1 also applies to a stat*304ute criminalizing the unauthorized wearing of such medals, see 18 U.S.C. § 704(a) (2006 ed.).2 We hold that it does, and therefore reverse the district court.3

I

Defendant Elven Joe Swisher enlisted in the United States Marine Corps on August 4,…