Yida

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-10460 Plaintiff-Appellant, v.  D.C. No.

CR-00-00274-CRB

YACOV YIDA,

OPINION

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

Argued and Submitted February 15, 2007—San Francisco, California

Filed August 16, 2007

Before: Ronald M. Gould and Milan D. Smith, Jr., Circuit Judges, and Alfred V. Covello,* District Judge.

Opinion by Judge Gould; Concurrence by Judge Gould

*The Honorable Alfred V. Covello, Senior United States District Judge for the District of Connecticut, sitting by designation.

9887 9890 UNITED STATES v. YIDA

COUNSEL

Josh A. Cohen (argued and on the brief), Assistant Federal Public Defender, and Barry J. Portman (on the brief), Federal Public Defender, San Francisco, California, for defendant- appellee Yacov Yida. UNITED STATES v. YIDA 9891 Dana R. Wagner (argued and on the brief), Assistant United States Attorney, and Kevin V. Ryan, United States Attorney,…