United States v. Bonin, No. 18-1479 (7th Cir. 2019)
Annotate this CaseAfter fellow moviegoers asked Bonin to stop talking on his phone, Bonin said he was a U.S. Marshal speaking with “the government,” flashed a gun on his belt, and threatened to “take it out in the hall.” Patrons called 911. Bonin is not a U.S. Marshal, but when police arrived, Bonin convinced them that he was, and they allowed him to reenter the theater. As Bonin walked to his seat, he raised his arms, again exposed his gun, and bellowed, “See, I told you I’m a U.S. Marshal.” Moments later, police removed him from the theater. One month later, police observed a car driving with flashing emergency lights activated and pulled over to allow it to pass, then realized it was not an emergency vehicle, but a Ford Bronco adorned with an “AGENT” decal on the windshield and law enforcement insignia on the sides. Bonin was driving. Bonin was convicted under 18 U.S.C. 912, which makes it a crime to impersonate an officer or employee of the United States. The Seventh Circuit affirmed, rejecting his claim that section 912 is an unconstitutional restriction on free speech and his challenges to multiple evidentiary rulings and jury instructions. Public safety and protection of the reputation of law enforcement are compelling interests and section 912 is “narrowly drawn to achieve” those interests.
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