Raich

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANGEL MCCLARY RAICH; JOHN DOE, 

Number One; JOHN DOE, Number Two, Plaintiffs-Appellants, No. 03-15481 v. ALBERTO R. GONZALES, Attorney  D.C. No.

CV-02-04872-MJJ

General, as United States Attorney

OPINION

General; KAREN TANDY,* as Administrator of the Drug Enforcement Administration, Defendants-Appellees.  Appeal from the United States District Court for the Northern District of California Martin J. Jenkins, District Judge, Presiding

Argued and Submitted March 27, 2006—Pasadena, California

Filed March 14, 2007

Before: Harry Pregerson, C. Arlen Beam,** and Richard A. Paez, Circuit Judges.

Opinion by Judge Pregerson; Partial Concurrence and Partial Dissent by Judge Beam

*Karen Tandy is substituted for her predecessor, Asa Hutchinson, as Administrator of the Drug Enforcement Administration, pursuant to Fed. R. App. P. 43(c)(2). **The Honorable C. Arlen Beam, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation. COUNSEL

Robert A. Raich, (briefed) Oakland, California and Randy E. Barnett, (argued) Boston University School…