The following excerpt is from U.S. v. Jones, 931 F.2d 898 (9th Cir. 1991):
We review de novo a challenge that a statute is unconstitutionally vague. United States v. Van Hawkins, 899 F.2d 852, 853 (9th Cir.1990). A statute must satisfy two requirements in order to survive a challenge based on vagueness. Id., 899 F.2d at 854. First, the statute must define the criminal offense adequately so that the general public understands what conduct is prohibited; and second, the statute must "establish minimal guidelines to govern law enforcement." Id. (citation omitted). Outside the context of challenges implicating the first amendment, the defendant must establish that the statute is vague as applied to his particular case. Id.
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