Biagon

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-10479 Plaintiff-Appellee, v.  D.C. No.

CR-05-00238-JSW

AGOSTO AYSON BIAGON,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted April 18, 2007—San Francisco, California

Filed December 17, 2007

Before: David R. Thompson, Andrew J. Kleinfeld, and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Thomas; Concurrence by Judge Kleinfeld

16437 UNITED STATES v. BIAGON 16439

COUNSEL

Claire M. Leary, San Francisco, California, for the appellant.

Jeffrey R. Finigan, Assistant United States Attorney, San Francisco, California, for the appellee. 16440 UNITED STATES v. BIAGON

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether the district court vio- lated the defendant’s right of allocution when it denied a motion to close the courtroom for sentencing. We conclude that the defendant’s rights were not violated, and affirm the judgment of the district court.

I

On…