Hartz

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30134 Plaintiff-Appellee, D.C. No. v.  CR-02-00157-001-

TOMMY OWEN HARTZ, TSZ

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding

Submitted March 9, 2006* Seattle, Washington

Filed August 17, 2006

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

Opinion by Judge Gould

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

9759 9762 UNITED STATES v. HARTZ

COUNSEL

David B. Zuckerman, Seattle, Washington, for the defendant- appellant. UNITED STATES v. HARTZ 9763 Susan M. Roe, Assistant U.S. Attorney, Seattle, Washington, for plaintiff-appellee United States of America.

OPINION

GOULD, Circuit Judge:

After a jury trial, Tommy Hartz was convicted of conspir- acy, interference with commerce by robbery, use of a firearm…