Kim

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-50112 Plaintiff-Appellee, D.C. No. v.  CR-01-00024-RT

JAE GAB KIM, ORDER AND

Defendant-Appellant. AMENDED  OPINION

Appeal from the United States District Court for the Central District of California Robert J. Timlin, Senior Judge, Presiding

Argued and Submitted March 6, 2006—Pasadena, California

Filed April 10, 2006 Amended May 25, 2006

Before: M. Margaret McKeown and Marsha S. Berzon, Circuit Judges, and Samuel P. King,* Senior Judge.

Opinion by Judge Berzon

*The Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, sitting by designation.

5765 5768 UNITED STATES v. KIM

COUNSEL

William J. Genego, Esq., Santa Monica, California, argued the case and was on the briefs for the defendant-appellant.

Gregory A. Lesser, Assistant U.S. Attorney, Los Angeles, California, argued the case and was on the briefs for the plaintiff-appellee; Debra Wong Yang, U.S. Attorney and Thomas P. O’Brien, Assistant U.S. Attorney, Los Angeles,…