Carty

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10200 Plaintiff-Appellee, v.  D.C. No.

CR-03-01135-RGS

ALPHONSO KINZAR CARTY,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Arizona Roger G. Strand, District Judge, Presiding

Argued and Submitted April 7, 2006—San Francisco, California

Filed July 17, 2006

Before: Robert R. Beezer and Raymond C. Fisher, Circuit Judges, and Robert J. Timlin,* Senior District Judge.

Opinion by Judge Beezer

*The Honorable Robert J. Timlin, Senior District Judge for the United States District Court for the Central District of California, sitting by desig- nation.

7899 7902 UNITED STATES v. CARTY

COUNSEL

Milagros A. Cisneros, Assistant Federal Public Defender, Phoenix, Arizona, for the defendant-appellant.

Dyanne C. Greer, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee. UNITED STATES v. CARTY 7903

OPINION

BEEZER, Circuit Judge:

Alphonso Kinzar Carty was charged with seven counts of sexual abuse stemming from a…