Kriesel

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30110 Plaintiff-Appellee, v.  D.C. No.

CR-03-05258-RBL

THOMAS EDWARD KRIESEL, JR.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted March 20, 2007—San Francisco, California

Filed November 29, 2007

Before: Betty B. Fletcher and M. Margaret McKeown, Circuit Judges, and William W Schwarzer,* District Judge.

Opinion by Judge McKeown; Dissent by Judge B. Fletcher

*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

15299 15302 UNITED STATES v. KRIESEL

COUNSEL

Colin Fieman and Joanne Green, Federal Public Defenders, Tacoma, Washington, for the appellant.

Helen J. Brunner, John McKay, and Mike Dion, United States Attorneys, Seattle, Washington, for the appellee. UNITED STATES v. KRIESEL 15303

OPINION

McKEOWN, Circuit Judge:

In 2004 we held that the DNA Analysis Backlog…