Curtin

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-10632 Plaintiff-Appellee, D.C. No. v.  CR-04-00064-

KEVIN ERIC CURTIN, RCJ/PAL

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Nevada Robert C. Jones, District Judge, Presiding

Argued and Submitted October 19, 2005—San Francisco, California Submission Vacated October 25, 2005 Resubmitted March 21, 2006

Filed April 4, 2006

Before: J. Clifford Wallace, Stephen S. Trott, and Pamela Ann Rymer, Circuit Judges.

Opinion by Judge Wallace; Dissent by Judge Trott

3669 3672 UNITED STATES v. CURTIN

COUNSEL

Cal J. Potter, III, Esq., Las Vegas, Nevada, for appellant Kevin Eric Curtin. UNITED STATES v. CURTIN 3673 Daniel J. Bogden, United States Attorney; Nancy J. Koppe, Assistant United States Attorney, Las Vegas, Nevada, for respondent United States of America.

OPINION

WALLACE, Circuit Judge:

Curtin appeals from his conviction and sentence for travel- ing across state lines with intent to engage in a sexual…