Thomas

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 04-30541 v.  D.C. No.

CR-03-00129-FVS

ROSHON E. THOMAS, aka Rollin Roy Phillips, OPINION Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, Chief Judge, Presiding

Submitted March 9, 2006* Seattle, Washington

Filed May 18, 2006

Before: Diarmuid F. O’Scannlain, Barry G. Silverman, and Ronald M. Gould, Circuit Judges.

Opinion by Judge O’Scannlain

*This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

5427 5430 UNITED STATES v. THOMAS

COUNSEL

Richard D. Wall, Spokane, Washington, was on the briefs for the appellant.

James A. McDevitt, United States Attorney, and Joseph A. Harrington, Assistant United States Attorney, were on the brief for the appellee. UNITED STATES v. THOMAS 5431

OPINION

O’SCANNLAIN, Circuit Judge:

This case requires us to consider whether a driver of a rental car who is not listed on the…