Foster v. United States

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT THOMAS FOSTER,  No. 06-56843 Plaintiff-Appellant, v.  D.C. No. CV-05-02124-DMS UNITED STATES OF AMERICA, OPINION Defendant-Appellee.  Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Argued and Submitted March 6, 2008—Pasadena, California Filed April 16, 2008 Before: John R. Gibson,* Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges. Opinion by Judge Graber *The Honorable John R. Gibson, Senior United States Circuit Judge for the…