Vidal

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50185 Plaintiff-Appellee, D.C. No. v.  CR-03-01178-1-

JUAN JOSE VIDAL, JTM

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Argued and Submitted February 9, 2005 Submission Vacated and Deferred February 22, 2005 Resubmitted October 24, 2005 Pasadena, California

Filed October 24, 2005

Before: James R. Browning, Frank J. Magill,* and Pamela Ann Rymer, Circuit Judges.

Opinion by Judge Rymer; Partial Concurrence and Partial Dissent by Judge Browning

*The Honorable Frank J. Magill, Senior Circuit Judge for the Eighth Circuit, sitting by designation.

14511 14514 UNITED STATES v. VIDAL

COUNSEL

Siri Shetty, San Diego, California, for the defendant- appellant.

Mark R. Rehe, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

OPINION

RYMER, Circuit Judge:

Juan Jose Vidal appeals from his sentence for being a…