United States v. Robert Kaialau, III

FILED

NOT FOR PUBLICATION FEB 24 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-10042

Plaintiff - Appellee, D. Ct. No. 1:07-cr-00108-DAE-

v.

ROBERT KAIALAU, III, MEMORANDUM *

Defendant - Appellant.

Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding

Argued and Submitted February 11, 2010 Honolulu, Hawaii

Before: FARRIS, D.W. NELSON, and BEA, Circuit Judges.

Appellant Robert Kaialau III (“Kaialau”) appeals his conviction on four

counts of committing violent crimes in aid of racketeering activity (“VICAR”), in

violation of 18 U.S.C. §§ 1959(a)(3) and 2. We have jurisdiction under 28 U.S.C.

§ 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. I.

We first reject Kaialau’s argument that the actions of his security

organization were insufficient to constitute racketeering activity. “We review de

novo a challenge to…