Vo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-10699 Plaintiff-Appellee, v.  D.C. No.

CR-02-00411-ACK

RICK K. VO,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Hawaii Alan C. Kay, District Judge, Presiding

Argued and Submitted November 4, 2004—Honolulu, Hawaii

Filed June 27, 2005

Before: Robert R. Beezer, Susan P. Graber, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee COUNSEL

Peter C. Wolff, Jr., Federal Public Defender, and Michael A. Weight, Assistant Federal Public Defender, Honolulu, Hawaii, for the defendant-appellant. 7630 UNITED STATES v. VO Edward H. Kubo, Jr., United States Attorney, and Thomas Muehleck, Assistant United States Attorney, Honolulu, Hawaii, for the plaintiff-appellee.

OPINION

BYBEE, Circuit Judge:

Petitioner Rick Vo (“Vo”) and his wife Brenda (“Brenda”) were indicted for conspiring to possess more than fifty grams of methamphetamine with intent to distribute and for aiding and abetting each other in the possession of more than fifty grams of…