United States v. Wasylyshyn, No. 18-1344 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction for creating a "loud or unusual noise or a nuisance" in the courthouse, in violation of 41 C.F.R. 102-74.390(a) (the "Noise Regulation"). Defendant's conviction stemmed from her engagement in a loud argument with a court security officer in the lobby of the Binghamton courthouse.
The court concluded that defendant forfeited her challenge to the conspicuous posting of the Noise Regulation by not raising the argument on appeal to the district court. The court also concluded that, under United States v. Weintraub, 273 F.3d 139, 147 (2d Cir. 2001), the Noise Regulation carries only a general intent requirement, and that the evidence supports that defendant acted with this mens rea. Finally, the court determined that the Noise Regulation is not unconstitutionally vague as applied to defendant's conduct.
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