Mosley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30488 Plaintiff-Appellee, D.C. No. v.  CR-04-00075-A-

CHARLES J. MOSLEY, JR., JKS

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Alaska James K. Singleton, Chief Judge, Presiding

Argued and Submitted July 26, 2006—Anchorage, Alaska

Filed October 11, 2006

Before: Alex Kozinski, Marsha S. Berzon, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman

17511 UNITED STATES v. MOSLEY 17513

COUNSEL

Michael D. Dieni, Assistant Federal Defender, Anchorage, Alaska, for the defendant-appellant.

Jo Ann Farrington, Assistant United States Attorney, Anchor- age, Alaska, for the plaintiff-appellee. 17514 UNITED STATES v. MOSLEY

OPINION

TALLMAN, Circuit Judge:

Charles J. Mosley, Jr. was found guilty by a jury of posses- sion of crack cocaine with intent to distribute under 21 U.S.C. §§ 841(a)(1), (b)(1)(B) (Count One), and possession of a firearm in furtherance of a drug trafficking offense under 18 U.S.C. §…