Marquez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30243 Plaintiff-Appellee, D.C. No. v.  CR-03-00450-RSL

SERGIO RAMON MARQUEZ, ORDER AND

Defendant-Appellant. AMENDED  OPINION

Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, Chief District Judge, Presiding

Argued and Submitted April 6, 2005—Seattle, Washington

Filed June 7, 2005 Amended July 18, 2005

Before: William C. Canby, Jr., Richard C. Tallman, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Tallman COUNSEL

Timothy R. Lohraff, Assistant Federal Public Defender, Seat- tle, Washington, for the defendant-appellant.

Michael J. Lang, Assistant United States Attorney, Seattle, Washington, for the plaintiff-appellee.

ORDER

The Opinion filed on June 7, 2005, is amended as follows:

On slip opinion page 6512, replace Section II.B.3 with the following text:

Finally, “airport screening searches are valid only if they recognize the right of a person to avoid search by electing not to board the aircraft.” Davis, 482…