United States Ninth Circuit

Defendant's conviction and sentence for stalking in violation of 18 U.S.C. section 2261A is affirmed, where: 1) because section 2261A proscribes harassing and intimidating conduct, it is not facially invalid under the First Amendment; 2) the statute is not unconstitutionally vague; 3) the statute is not unconstitutional as applied to defendant because defendant engaged in a course of conduct, unmistakably proscribed by the statute, with the intent to harass and intimidate the victim and to cause her substantial emotional distress, and because any related speech was integral to the defendant's criminal conduct and involved sexually explicit publications concerning a private individual; 3) defendant was not entitled to a downward adjustment premised on acceptance of responsibility; and 4) defendant's sentence was procedurally and substantively reasonable.

Appellate Information

• Decided 06/04/2014
• Published 06/04/2014

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel