Iribe

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-50432 Plaintiff-Appellee, v.  D.C. No.

CR-00-01242-JM-

HUMBERTO IRIBE,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Argued and Submitted February 4, 2009—Pasadena, California

Filed May 6, 2009

Before: Harry Pregerson, Susan P. Graber, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Graber COUNSEL

Frederick M. Carroll and Marc X. Carlos, Bardsley & Carlos, LLP, San Diego, California, for the defendant-appellant. 5302 UNITED STATES v. IRIBE Jason A. Forge, Assistant United States Attorney, Appellate Section, Criminal Division, San Diego, California, for the plaintiff-appellee.

OPINION

GRABER, Circuit Judge:

Defendant Humberto Iribe entered a conditional guilty plea, during trial, to conspiracy to kidnap and attempt to kidnap Richard Post, in violation of 18 U.S.C. §§ 371 and 1201(d). He reserved the right to appeal with respect to an alleged vio- lation of the…