United States v. Mitchell

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-99010 Plaintiff-Appellee, D.C. No. v.  CR-01-01062-PCT-

LEZMOND C. MITCHELL, MHM

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Arizona Mary H. Murguia, District Judge, Presiding

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

Filed September 5, 2007

Before: Stephen Reinhardt, Pamela Ann Rymer, and Barry G. Silverman, Circuit Judges.

Opinion by Judge Rymer; Dissent by Judge Reinhardt

11547 UNITED STATES v. MITCHELL 11553

COUNSEL

Celia M. Rumann, Assistant Federal Public Defender, Phoe- nix, Arizona, and Michael P. O’Connor, Tempe, Arizona, for appellant Lezmond Mitchell. 11554 UNITED STATES v. MITCHELL Daniel R. Drake, Assistant United States Attorney, and Vin- cent Q. Kirby, Assistant United States Attorney, Phoenix, Ari- zona, for appellee the United States.

OPINION

RYMER, Circuit Judge:

Lezmond Mitchell, a Navajo, appeals his conviction and sentence for first degree murder, 18…