United States Ninth Circuit

Order approving the plan developed to dispose of Unabomber Ted Kaczynski's personal property that was seized during the underlying criminal investigation into his bombings is affirmed where: 1) the restitution lien statute, 18 U.S.C. section 3613, is facially valid because it is not unconstitutional in all of its applications and is not overbroad; 2) the lien statute does not violate Kaczynski's First Amendment rights as applied; 3) the district court acted well within its discretion by ordering bomb-making materials not be returned to Kaczynski or his designee; and 4) allowing credit-bids on firearms and other personal property that do not sell at an internet auction did not violate violate the letter or spirit of an earlier Ninth Circuit decision in the case.

Appellate Information

• Decided 01/09/2009
• Published 01/09/2009

Judges

• HAWKINS, Circuit Judge:, Before:  MARY M. SCHROEDER, WILLIAM C. CANBY, JR., and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kelly A. Woodruff, Farella Braun & Martel, LLP, San Francisco, CA, for Amici Curiae Unnamed Victims of Appellant., Steven A. Hirsch, Keker & Van Nest, LLP, San Francisco, CA, for Amici Curiae Susan Mosser, Connie W. Murray, Gary B. Wright and Charles Epstein.


• For Appellees:
  
• Theodore John Kaczynski, Pro Se defendant-appellant., Ana Maria Martel, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.