Boulware

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10752 Plaintiff-Appellee, v.  D.C. No.

CR-99-00239-ER

MICHAEL H. BOULWARE,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Hawaii Hon. Edward Rafeedie,* Senior District Judge, Presiding

Argued and Submitted January 21, 2009—Pasadena, California

Filed March 9, 2009

Before: Pamela Ann Rymer and Sidney R. Thomas, Circuit Judges, and Stephen G. Larson,** District Judge.

Opinion by Judge Thomas

*The Honorable Edward Rafeedie, Senior District Judge for the Central District of California, sitting by designation. The panel notes with regret the passing of Judge Rafeedie, who served as a federal district judge with great distinction from 1982 until his untimely death in 2008. He will be greatly missed. **The Honorable Stephen G. Larson, United States District Judge for the Central District of California, sitting by designation.

2921 2924 UNITED STATES v. BOULWARE

COUNSEL

John D. Cline, Kelli Crouch, Jones Day, San Francisco, Cali- fornia, for the…