Holland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30258 Plaintiff-Appellee, v.  D.C. No.

CR-05-00079-EJL

RUSSELL LAROY HOLLAND,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding

Argued and Submitted February 8, 2007—Portland, Oregon

Filed September 4, 2007

Before: David R. Thompson, Andrew J. Kleinfeld, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee

11411 11414 UNITED STATES v. HOLLAND

COUNSEL

Philip Gordon, Boise, Idaho, for appellant Russell Laroy Hol- land.

Alan G. Burrow & George W. Breitsameter, Boise, Idaho, for appellee United States of America.

OPINION

BYBEE, Circuit Judge:

Russell Laroy Holland appeals his conviction and sentence for mailing threatening communications and threatening the UNITED STATES v. HOLLAND 11415 President of the United States. He maintains that the district court judge who imposed the sentence should have recused himself after Holland obtained the judge’s home telephone number and left at least one threatening…