Johal

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30579 Plaintiff-Appellee, D.C. No. v.  CR-02-00214-FVS

JOGA SINGH JOHAL, ORDER AND

Defendant-Appellant. AMENDED  OPINION

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 Amended November 9, 2005

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

Opinion by Judge Fisher

15243 15246 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 Crim- inal Defense Lawyers. UNITED STATES v. JOHAL 15247

ORDER

Appellee’s motion to modify the court’s decision, filed October 18, 2005, is…