Collins

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50065 Plaintiff-Appellant, D.C. No. v.  CR-03-00629-FMC-

GWAINE COLLINS,

Defendant-Appellee.  OPINION

Appeal from the United States District Court for the Central District of California Florence Marie Cooper, District Judge, Presiding

Argued and Submitted February 7, 2005—Pasadena, California

Filed October 28, 2005

Before: Harry Pregerson, William C. Canby, Jr., and Robert R. Beezer, Circuit Judges.

Opinion by Judge Canby

14833 UNITED STATES v. COLLINS 14835

COUNSEL

Fred A. Rowley, Jr., Assistant United States Attorney, Crimi- nal Appeals Section, Los Angeles, California, for the plaintiff-appellant.

Sonia E. Chahin, LaCanada, California, for the defendant- appellee.

OPINION

CANBY, Circuit Judge:

Gwaine Collins was indicted with five others and charged with conspiracy to retain and deliver, and retaining and deliv- ering, stolen United States treasury checks. See 18 U.S.C. 14836 UNITED STATES v. COLLINS §§ 371, 510(b). He moved to suppress…