Chipunov

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 14 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2046 D.C. No. Plaintiff - Appellee, 3:22-cr-01268-W-1 v.

MEMORANDUM*

GEORGIY CHIPUNOV,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding

Argued and Submitted March 28, 2025 Pasadena, California

Before: TASHIMA, NGUYEN, and MENDOZA, Circuit Judges.

Defendant Georgiy Chipunov was convicted by a jury for a bomb hoax

under 18 U.S.C. §§ 1038(a)(1) and 844(i) after he made two 911 calls reporting,

“there’s a bomb in the courthouse.” Chipunov appeals the conviction on the

grounds that the indictment and the jury instructions did not properly include the

subjective mens rea for a “true threat,” as mandated by Counterman v. Colorado,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 600 U.S. 66 (2023), and that the government failed to present sufficient…