Russell

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 04-10681 v.  D.C. No.

CR-04-00054-LKK

WILLIE RUSSELL, JR., a/k/a Wild Bill, OPINION Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior Judge, Presiding

Argued and Submitted November 15, 2005—San Francisco, California

Filed January 30, 2006

Before: Diarmuid F. O’Scannlain, Sidney R. Thomas, and Richard C. Tallman, Circuit Judges.

Opinion by Judge O’Scannlain; Partial Concurrence and Partial Dissent by Judge Thomas

1209 1212 UNITED STATES v. RUSSELL

COUNSEL

Quin Denvir, Federal Defender, Sacramento, California, argued the cause and was on the briefs for the appellant.

William S. Wong, Assistant United States Attorney, Sacra- mento, California, argued the cause for the appellee. McGre- gor W. Scott, United States Attorney, was on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

This case requires us to consider whether the emergency doctrine or implied consent can support a warrantless…