Thrasher

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-35929 Plaintiff-Appellee, D.C. Nos. v.  CV-03-00204-RE

RONALD THRASHER, CR-98-00388-RE

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Oregon James A. Redden, District Judge, Presiding

Argued and Submitted August 23, 2006—Seattle, Washington

Filed April 18, 2007

Before: J. Clifford Wallace, Ronald M. Gould, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Wallace; Concurrence by Judge Berzon COUNSEL

Per C. Olson, Hoevet Boise & Olson, P.C., for the defendant- appellant.

Gary Y. Sussman, Assistant United States Attorney, Portland, Oregon, for the plaintiff-appellee. 4414 UNITED STATES v. THRASHER

OPINION

WALLACE, Senior Circuit Judge:

Thrasher appeals from the district court’s denial of his 28 U.S.C. § 2255 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

I

In April 1997, Tia Carlson was driving a Ford automobile in Gresham, Oregon. Thrasher was in the passenger seat.…