Alferahin

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-10590 Plaintiff-Appellee, D.C. No. v.  CR-03-02051-JMR/

OSAMA MUSA ALFERAHIN, JJM

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Arizona John M. Roll, District Judge, Presiding

Argued and Submitted September 16, 2005—San Francisco, California

Filed January 11, 2006

Before: Betty B. Fletcher, John R. Gibson,* and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Betty Binns Fletcher; Concurrence by Judge Berzon

*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

287 290 UNITED STATES v. ALFERAHIN

COUNSEL

Lee Tucker, Tucson, Arizona, for the defendant-appellant.

Christina M. Cabanillas, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee. UNITED STATES v. ALFERAHIN 291

OPINION

B. FLETCHER, Circuit Judge:

Osama Musa Alferahin appeals his conviction under 18 U.S.C. § 1425(a) for knowingly…