Rundo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-932 D.C. Nos. Plaintiff - Appellant, 2:18-cr-00759-

CJC-

v. 2:18-cr-00759-

CJC-

ROBERT RUNDO; ROBERT

2:18-cr-00759-

BOMAN,

CJC-

Defendants - Appellees.

OPINION

Appeal from the United States District Court for the Central District of California Cormac J. Carney, Senior District Judge, Presiding

Argued and Submitted June 18, 2024 Pasadena, California

Filed July 18, 2024

Before: RICHARD A. PAEZ and MILAN D. SMITH, JR., Circuit Judges, and JON S. TIGAR, District Judge. *

Opinion by Judge Milan D. Smith, Jr.

* The Honorable Jon S. Tigar, United States District Judge for the Northern District of California, sitting by designation. SUMMARY **

Criminal Law

The panel reversed the district court’s judgment dismissing, based on a claim of selective prosecution, an indictment charging Robert Paul Rundo and Robert Boman with conspiracy to violate the Anti-Riot Act as well as with substantively violating the Act; reinstated the indictment; and remanded the case for trial. The indictment alleges that Rundo is a founding…