United States v. Martinez-Rodriguez

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 05-50719 Plaintiff-Appellee, D.C. No. v. CR-04-02063-NAJ DAVID MARTINEZ-RODRIGUEZ,  ORDER Defendant-Appellant. AMENDING OPINION AND AMENDED  OPINION Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding Argued and Submitted October 19, 2006—Pasadena, California Filed November 21, 2006 Amended January 3, 2007 Before: Harry Pregerson, Ronald M. Gould, and Richard R. Clifton, Circuit Judges. Opinion by Judge Gould 39 42…