Nobriga

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-10169 Plaintiff-Appellee, v.  D.C. No.

CR-03-00209-HG

FRED NOBRIGA,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Hawaii Helen Gillmor, District Judge, Presiding

Argued and Submitted April 8, 2005—Pasadena, California

Filed May 20, 2005

Before: Kim McLane Wardlaw and Marsha S. Berzon, Circuit Judges, and James M. Fitzgerald,* District Judge.

Per Curiam Opinion

*The Honorable James M. Fitzgerald, Senior United States District Judge for the District of Alaska, sitting by designation.

5481 5484 UNITED STATES v. NOBRIGA

COUNSEL

De Anna S. Dotson, Kapolei, Hawaii, for the defendant- appellant.

Edward H. Kubo, Jr., United States Attorney, and Wes Reber Porter, Assistant United States Attorney, District of Hawaii, Honolulu, Hawaii, for the plaintiff-appellee.

OPINION

PER CURIAM:

Fred Nobriga appeals the district court’s denial of his motion to dismiss the indictment charging him with violating 18 U.S.C. § 922(g)(9) by possessing a firearm after having been…