Milwitt

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10344 Plaintiff-Appellee, v.  D.C. No.

CR-04-00002-CRB

JOHN MILWITT,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted February 14, 2006—San Francisco, California

Filed February 5, 2007

Before: J. Clifford Wallace, Michael Daly Hawkins, and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Thomas; Dissent by Judge Wallace

1265 1268 UNITED STATES v. MILWITT

COUNSEL

Michael Shepard and James Mink, Heller Ehrman LLP, San Francisco, California, for the defendant-appellant.

Kevin V. Ryan, Barbara Valliere, and Shawna Yen, United States Attorney’s Office, San Jose, California, for the plaintiff-appellee.

OPINION

THOMAS, Circuit Judge:

John Milwitt (“Milwitt”) appeals his conviction of five counts of bankruptcy fraud and his sentence of twenty-four months imprisonment and three years supervised release. Milwitt challenges his conviction on several bases, including sufficiency of…