United States v. Johnny Smith

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-30248 Plaintiff-Appellee, D.C. No. v. 3:16-cr-00436-BR-1 JOHNNY ELLERY SMITH, Defendant-Appellant. OPINION Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding Argued and Submitted October 10, 2018 Portland, Oregon Filed May 28, 2019 Before: Raymond C. Fisher, Richard R. Clifton, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Callahan; Concurrence by Judge Fisher 2 UNITED STATES V. SMITH SUMMARY * Criminal Law The panel…