United States v. Gomez-Leon

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 05-50138 Plaintiff-Appellee, v.  D.C. No. CR-04-02230-WQH JAVIER GOMEZ-LEON, OPINION Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Argued and Submitted March 4, 2008—Pasadena, California Filed September 24, 2008 Before: John R. Gibson,* Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges. Opinion by Judge Gibson; Partial Concurrence and Partial Dissent by Judge O’Scannlain *The…