Craighead

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-10135 Plaintiff-Appellee, v.  D.C. No.

CR-04-02351-JMR

ERNEST CRAIGHEAD,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Arizona John M. Roll, District Judge, Presiding

Argued and Submitted February 12, 2008—San Francisco, California

Filed August 21, 2008

Before: Sidney R. Thomas and Jay S. Bybee, Circuit Judges, and Frederic Block,* Senior District Judge.

Opinion by Judge Bybee

*The Honorable Frederic Block, Senior United States District Judge for the Eastern District of New York, sitting by designation.

11325 11330 UNITED STATES v. CRAIGHEAD

COUNSEL

Celeste Corlett, Assistant United States Attorney, United States Attorney for the District of Arizona, Tucson, Arizona, for plaintiffs-appellee.

Steven D. West, Tucson, Arizona, for the defendant-appellant.

OPINION

BYBEE, Circuit Judge:

The home occupies a special place in the pantheon of con- stitutional rights. Under the First Amendment, the “State has no business telling a man, sitting alone in…