Charley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-10579 Plaintiff-Appellee, D.C. No. v.  CR-02-00081-1-

ELVIRA CHARLEY, EHC

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Arizona Earl H. Carroll, District Judge, Presiding

Argued and Submitted December 7, 2004—San Francisco, California

Filed February 3, 2005

Before: Dorothy W. Nelson, Andrew J. Kleinfeld, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Gould

1495 1498 UNITED STATES v. CHARLEY

COUNSEL

Patrick E. McGillicuddy, Phoenix, Arizona, for the defendant- appellant.

Paul K. Charlton, United States Attorney, District of Arizona, Michael T. Morrissey, Chief, Appellate Section, and Joan G. Ruffennach, Assistant United States Attorney, Phoenix, Ari- zona, for the plaintiff-appellee.

OPINION

GOULD, Circuit Judge:

A federal jury convicted Elvira Charley of three counts of first degree murder in violation of 18 U.S.C. §§ 1111, 1153(a), and three counts of using a firearm during and in relation to a crime of…