United States v. Clark
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-30249 Plaintiff-Appellee, v. D.C. No.
CR-03-00406-L
MICHAEL LEWIS CLARK,
OPINION
Defendant-Appellant. Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding
Argued and Submitted June 6, 2005—Seattle, Washington
Filed January 25, 2006
Before: Procter Hug, Jr., Warren J. Ferguson, and M. Margaret McKeown, Circuit Judges.
Opinion by Judge McKeown; Dissent by Judge Ferguson
999 1002 UNITED STATES v. CLARK
COUNSEL
Michael Filipovic, Assistant Federal Public Defender, Seattle, Washington, for the defendant-appellant.
John McKay, United States Attorney, Seattle, Washington; Helen J. Brunner, Assistant United States Attorney, Seattle, Washington; John J. Lulejian, Assistant United States Attor- ney, Seattle, Washington; Susan B. Dohrmann, Assistant United States Attorney, Seattle, Washington, for the plaintiff- appellee.
OPINION
McKEOWN, Circuit Judge:
In this appeal we are confronted with a question of first impression regarding the…