Cassel

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-10683 Plaintiff-Appellee, v.  D.C. No.

CR-00-05431-REC

PAUL KENT CASSEL,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of California Robert E. Coyle, Senior Judge, Presiding

Argued and Submitted December 7, 2004—San Francisco, California

Filed May 24, 2005

Before: Diarmuid F. O’Scannlain, Robert E. Cowen,* and Carlos T. Bea, Circuit Judges.

Opinion by Judge O’Scannlain

*The Honorable Robert E. Cowen, Senior United States Circuit Judge for the Third Circuit, sitting by designation.

5641 5644 UNITED STATES v. CASSEL

COUNSEL

Joan Jacobs Levie, Fresno, California, argued the cause for the appellant.

Jonathan B. Conklin, U.S. Attorney’s Office, Fresno, Califor- nia, argued the cause for the appellee. McGregor W. Scott, U.S. Attorney’s Office, Fresno, California, was on the brief. UNITED STATES v. CASSEL 5645

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the First Amendment permits the government to punish a threat…