United States v. Kelley

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 05-10547 Plaintiff-Appellant, D.C. No. v. CR-05-00125-PJH KENNETH KELLEY, ORDER Defendant-Appellee. AMENDING  OPINION AND GRANTING APPELLANT’S MOTION FOR CLARIFICATION AND AMENDED  OPINION Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding Argued and Submitted October 20, 2006—San Francisco, California Filed March 1, 2007 Amended April 9, 2007 Before: Sandra Day O’Connor, Associate Justice (Ret.),* Pamela Ann…