United States v. Begay

567 F.3d 540 (2009)

UNITED STATES of America, Plaintiff-Appellee,

v.

Kenderick BEGAY, a.k.a. Kendrick Begay, Defendant-Appellant.

No. 07-10487.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted January 14, 2009.

Filed June 1, 2009.

Daniel L. Kaplan, Assistant Federal Public Defender, Phoenix, AZ, for the defendant-appellant.

Ann Birmingham Scheel, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

Before: MYRON H. BRIGHT,[*] PROCTER HUG, JR., and STEPHEN REINHARDT, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge BRIGHT.

REINHARDT, Circuit Judge:

De…