Ressam

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, No. 05-30422 v.  D.C. No.

CR-99-00666-001-

AHMED RESSAM, also known as Benni Antoine Noris, JCC Defendant-Appellee. 

UNITED STATES OF AMERICA,  No. 05-30441 Plaintiff-Appellee, D.C. No. v.  CR-99-00666-001- AHMED RESSAM, also known as JCC Benni Antoine Noris,

OPINION

Defendant-Appellant.  Appeals from the United States District Court for the Western District of Washington John C. Coughenour, Senior District Judge, Presiding

Argued and Submitted November 13, 2006—Seattle, Washington

Filed January 16, 2007

Before: Arthur L. Alarcón, Pamela Ann Rymer, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Rymer; Partial Concurrence and Partial Dissent by Judge Alarcón

573 576 UNITED STATES v. RESSAM

COUNSEL

John McKay, United States Attorney, Seattle, Washington, for the plaintiff-appellant-cross-appellee.

Thomas W. Hillier, II, Federal Public Defender, and Michael Filipovic, First Assistant Federal Public Defender, Seattle, Washington, for…