Weatherspoon

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-10551 Plaintiff-Appellee, D.C. No. v.  CR-S-03-0076-

KENDRICK WEATHERSPOON, DWH (LRL)

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Nevada David W. Hagen, District Judge, Presiding

Argued and Submitted October 8, 2004—San Francisco, California

Filed May 6, 2005

Before: Stephen S. Trott and M. Margaret McKeown, Circuit Judges, and Milton I. Shadur, Senior District Judge.*

Opinion by Judge Shadur; Partial Concurrence and Partial Dissent by Judge Trott

*The Honorable Milton I. Shadur, Senior United States District Judge for the Northern District of Illinois, sitting by designation. COUNSEL

Jason F. Carr, Assistant Federal Public Defender, Las Vegas, Nevada, for the appellant.

Darin La Hood, Assistant United States Attorney, Las Vegas, Nevada, for the appellee.

OPINION

SHADUR, Senior District Judge:

Kendrick Weatherspoon (“Weatherspoon”) appeals his conviction on one count of…