Saechao

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30156 Plaintiff-Appellant, v.  D.C. No.

CR-03-00447-RAE

PHATA SAECHAO,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Oregon James A. Redden, District Judge, Presiding

Argued and Submitted March 10, 2005—Portland, Oregon

Filed August 12, 2005

Before: Stephen Reinhardt, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Reinhardt

10533 10536 UNITED STATES v. SAECHAO

COUNSEL

Richard A. Friedman, United States Department of Justice, Washington, DC (Argued); Karen J. Immergut, Frederic N. Weinhouse, United States Attorney’s Office, Portland, Ore- gon (On the Briefs), for the plaintiff-appellant.

Lisa Hay, Office of the Federal Public Defender, Portland, Oregon, for the defendant-appellee. UNITED STATES v. SAECHAO 10537

OPINION

REINHARDT, Circuit Judge:

I.

The issue on this appeal is whether a probationer who pro- vides incriminating information to his probation officer in response to questions from that officer, and does so pursuant…