Braswell

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-35009 Plaintiff-Appellee, D.C. Nos. v.  CV-03-00111-JKS

CYRUS D.A. BRASWELL, CR-97-00068-JKS

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Alaska James K. Singleton, Chief District Judge, Presiding

Argued and Submitted March 5, 2007—Seattle, Washington

Filed September 4, 2007

Before: Diarmuid F. O’Scannlain, A. Wallace Tashima, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge O’Scannlain

11397 11398 UNITED STATES v. BRASWELL

COUNSEL

Darla J. Mondou, Marana, Arizona, argued the cause and was on the brief for the defendant-appellant. UNITED STATES v. BRASWELL 11399 Richard L. Pomeroy, Assistant United States Attorney, Dis- trict of Alaska, Anchorage, Alaska, argued the cause and was on the briefs for the plaintiff-appellee; Nelson P. Cohen, United States Attorney, District of Alaska, Anchorage, Alaska, and Timothy M. Burgess, United States Attorney, District of Alaska, Anchorage, Alaska, were also on the…