Collins

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-50339 Plaintiff-Appellee, D.C. No. v.  CR-04-01222-RGK-

GWAINE LAVON COLLINS,

a/k/a Gwaine Collins,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted March 6, 2008—Pasadena, California

Filed January 7, 2009

Before: John R. Gibson,* Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges.

Opinion by Judge Gibson; Concurrence by Judge Graber; Partial Concurrence and Partial Dissent by Judge O’Scannlain

*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation. COUNSEL

Karen L. Landau, Oakland, California, for the defendant- appellant.

Patrick R. Fitzgerald, Assistant U.S. Attorney, Criminal Divi- sion, Los Angeles, California, for the plaintiff-appellee.

OPINION

GIBSON, Circuit Judge:

Gwaine Lavon Collins was indicted, along with four other individuals, for six counts of conspiracy to possess…