United States v. Ethan Jinian

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 11-10593 Plaintiff-Appellee, D.C. No. v. 3:09-cr-01103-

JSW-

ETHAN FARID JINIAN , AKA Farid Khoujinian, ORDER AND Defendant-Appellant. AMENDED

OPINION

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted October 18, 2012—San Francisco, California

Filed March 26, 2013 Amended July 23, 2013

Before: Dorothy W. Nelson, Mary H. Murguia, and Morgan Christen, Circuit Judges.

Order; Opinion by Judge Murguia

1 This case was submitted to a panel that included Judge Betty B. Fletcher, who recently passed away. Following Judge Fletcher’s death, Judge Christen was drawn by lot to replace Judge Fletcher. Judge Christen has read the briefs, reviewed the record, and listened to the oral argument. UNITED STATES V . JINIAN

SUMMARY*

Criminal Law

The panel amended its opinion filed March 26, 2013, and deleted Judge Christen’s concurrence, in a case in which…