Bond

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-50628 Plaintiff-Appellee, v.  D.C. No.

CR-05-00660-PA

ILLYA BOND, aka Frank Akbery,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Argued and Submitted June 5, 2008—Pasadena, California

Filed January 20, 2009

Before: David R. Thompson, Diarmuid F. O’Scannlain, and Richard C. Tallman, Circuit Judges.

Opinion by Judge O’Scannlain

705 708 UNITED STATES v. BOND

COUNSEL

Roger S. Hanson, Santa Anna, California, argued the cause for the defendant-appellant and submitted briefs.

Patrick Jasperse, Office of Consumer Litigation, U.S. Dept. of Justice, Washington, DC, argued the cause for the plaintiff- respondent and submitted a brief. Kenneth L. Jost, Office of Consumer Litigation, U.S. Dept. of Justice and Thomas P. O’Brien, United States Attorney for the Central District of California were on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the government withheld Brady…