Perelman

ORDER

The opinion filed on September 26, 2011, and published at 658 F.3d 1134 , is amended by the opinion filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for panel rehearing. Judges Silverman and Graber have voted to deny the petition for rehearing en banc, and Judge Hug has so recommended.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it.

The petition for panel rehearing and petition for rehearing en banc are DENIED. No further petitions for panel rehearing or rehearing en banc will be enter *868 tained. The stay of the issuance of the mandate filed on October 25, 2011, is lifted.

OPINION

Defendant David M. Perelman fraudulently obtained a Purple Heart and wore it in public. The government indicted him for violating 18 U.S.C. § 704 (a), which prohibits (among other things) the unauthorized wearing of military medals. Defendant pleaded guilty but reserved his right to appeal the district court’s rejection of his First Amendment facial challenge to the statute. Reviewing de novo the constitutionality of the statute, United States v. Vongxay, 594 F.3d…