United States v. Rex Harrison

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-10391 Plaintiff-Appellee, D.C. No. v. 1:07-CR-00384-

REX T. HARRISON,  DAE-

Defendant-Appellant.

ORDER AND

AMENDED

 OPINION

Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding

Argued and Submitted May 13, 2009—Honolulu, Hawaii

Filed August 19, 2009 Amended October 9, 2009

Before: Alex Kozinski, Chief Judge, Jay S. Bybee and Consuelo M. Callahan, Circuit Judges.

Opinion by Chief Judge Kozinski; Partial Concurrence and Partial Dissent by Judge Bybee

14403 14406 UNITED STATES v. HARRISON

COUNSEL

Edward H. Kubo, Jr., United States Attorney; Lawrence L. Tong, Assistant United States Attorney, Honolulu, Hawaii for plaintiff-appellee the United States of America.

Peter C. Wolff, Jr., Office of the Federal Public Defender, Honolulu, Hawaii for defendant-appellant Rex T. Harrison.

ORDER

The opinion is amended to replace the first two sentences of the first full paragraph on page 11321 of the slip opinion with the…