Mix

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10088 Plaintiff-Appellee, D.C. No. v. CR-00-01163-PGR

TONY MIX,  ORDER

Defendant-Appellant. AMENDING

OPINION AND

AMENDED

 OPINION

Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding

Submitted February 16, 2006* San Francisco, California

Filed March 30, 2006 Amended Opinion Filed June 8, 2006 Second Amended Opinion Filed August 9, 2006

Before: Arthur L. Alarcón and M. Margaret McKeown, Circuit Judges, and H. Russel Holland,** Senior District Judge.

Opinion by Judge Alarcón

*The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4. **The Honorable H. Russel Holland, Senior United States District Judge for the District of Alaska, sitting by designation.

9109 9112 UNITED STATES v. MIX

COUNSEL

Tonya J. McMath, Phoenix, Arizona, for the defendant-…