Noster

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-50391 Plaintiff-Appellee, v.  D.C. No.

CR-04-00621-SVW

JOHN LEON NOSTER,

 Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Argued October 23, 2008, Submitted July 15, 2009 Pasadena, California

Filed July 15, 2009

Before: Consuelo M. Callahan and Sandra S. Ikuta, Circuit Judges, and Milton I. Shadur,* District Judge.

Opinion by Judge Callahan; Dissent by Judge Shadur

*The Honorable Milton I. Shadur, Senior United States District Judge for the Northern District of Illinois, sitting by designation. COUNSEL

Sean K. Kennedy, Federal Public Defender, and Davina T. Chen, Assistant Federal Public Defender, for the defendant- appellant.

Thomas P. O’Brien, United States Attorney for the Central District of California, and Craig H. Missakian, Assistant United States Attorney, for the plaintiff-appellee.

OPINION

CALLAHAN, Circuit Judge:

John Leon Noster (“Noster”) pled…