United States Ninth Circuit

Misdemeanor conviction of defendant for violating a Department of Veterans Affairs regulation (38 C.F.R. section 1.218(a)(5)) prohibiting disorderly conduct that creates loud, boisterous, and unusual noise is affirmed, where: 1) the regulation, reasonably interpreted, includes a controlling standard of conduct that prohibits the creation of loud, boisterous, and unusual noise that would tend to disturb the normal operation of a Veterans Affairs facility; 2) the regulation is not unconstitutionally vague as applied to defendant; and 3) sufficient evidence supported the conviction.

Appellate Information

• Decided 11/21/2014
• Published 11/21/2014

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel