United States v. Dale Parrel

MEMORANDUM

Defendant-Appellant Dale G. Parrel appeals his conviction and sentence under 38 C.F.R. § 1.218 (a)(3) for the improper disposal of rubbish on property controlled by the Department of Veterans Affairs (“VA”). On appeal, Parrel challenges the constitutionality of the regulation as applied to him, arguing that it is void for vagueness. We review such challenges de novo. See United States v. Chhun, 744 F.3d 1110, 1116 (9th Cir.2014); United States v. Albers, 226 F.3d 989, 993 (9th Cir.2000). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The regulation — which prohibits the “improper disposal of rubbish on property,” 38 C.F.R. § 1.218 (a)(3) — uses language sufficiently clear to alert a person of “ordinary” intelligence that “improper disposal ... is prohibited” and that diseard-ing a cigarette butt on the ground, rather than in a trash can or ashtray, constitutes “improper disposal.” See Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983). Because the regulation’s language is clear, Parrel’s argument that his conduct is excused by his reliance on environmental cues — including the presence of cigarette butts on the ground nearby —…