Arnold

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-50581 Plaintiff-Appellant, D.C. No. v.  CR-05-00772-DDP

MICHAEL TIMOTHY ARNOLD, ORDER AND

Defendant-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding

Argued and Submitted October 18, 2007—Pasadena, California

Filed April 21, 2008 Amended July 10, 2008

Before: Diarmuid F. O’Scannlain and Milan D. Smith, Jr., Circuit Judges, and Michael W. Mosman,* District Judge.

Opinion by Judge O’Scannlain

*The Honorable Michael W. Mosman, United States District Judge for the District of Oregon, sitting by designation.

8361 8364 UNITED STATES v. ARNOLD

COUNSEL

Steve Kim, Assistant United States Attorney, Criminal Appeals Section, Los Angeles, California, argued the cause for the plaintiff-appellant and filed briefs; George S. Cardona, United States Attorney, and Thomas P. O’Brien, Assistant United States Attorney, Chief, Criminal Division, Los Ange- les, California, were on the…