United States v. Ethan Berry

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 10-10361 Plaintiff-Appellee, D.C. No. v.  4:08-cr-00233- ETHAN ALLEN BERRY, DLJ-1 Defendant-Appellant.  OPINION Appeal from the United States District Court for the Northern District of California D. Lowell Jensen, Senior District Judge, Presiding Argued and Submitted July 22, 2011—San Francisco, California Filed June 12, 2012 Before: A. Wallace Tashima and Johnnie B. Rawlinson, Circuit Judges, and Terry J. Hatter, Jr., Senior District Judge.* Opinion by Judge Rawlinson; Partial Concurrence…