United States v. Howard Weiss

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10283

Plaintiff-Appellant, D.C. Nos. 3:20-cr-00013-CRB-1 v. 3:20-cr-00013-CRB

HOWARD WEISS,

MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted November 16, 2021 San Francisco, California

Before: PAEZ, WATFORD, and FRIEDLAND, Circuit Judges.

Howard Weiss (“Weiss”) was indicted under 47 U.S.C. § 223(a)(1)(C) for

“utiliz[ing] a telecommunications device, whether or not conversation or

communication ensues, without disclosing his identity and with intent to abuse,

threaten, or harass any specific person.” 47 U.S.C. § 223(a)(1)(C). The district

court dismissed the indictment, concluding that Weiss’s statements did not

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. constitute…