Johal

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30579 Plaintiff-Appellee, v.  D.C. No.

CR-02-00214-FVS

JOGA SINGH JOHAL,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, Chief Judge, Presiding

Argued and Submitted January 10, 2005—Seattle, Washington

Filed August 30, 2005

Before: Mary M. Schroeder, Chief Judge, Susan P. Graber and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Fisher

11777 11780 UNITED STATES v. JOHAL

COUNSEL

Sheryl Gordon McCloud, Law Office of Sheryl Gordon McCloud, Seattle, Washington, for the defendant-appellant.

Russell E. Smoot, Assistant United States Attorney, Spokane, Washington, for the plaintiff-appellee.

Allen R. Bentley, Law Office of Allen R. Bentley, Seattle, Washington, for amicus curiae National Association of Crimi- nal Defense Lawyers. UNITED STATES v. JOHAL 11781

OPINION

FISHER, Circuit Judge:

Joga Singh Johal appeals his conviction for selling and pos- sessing large quantities of over-the-counter cold pills…