United States v. Banks

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 07-30130 Plaintiff-Appellee, D.C. No. v.  CR-06-00051-BLW- JERRY LEVIS BANKS, SR., WBS-1 Defendant-Appellant.  OPINION Appeal from the United States District Court for the District of Idaho William B. Shubb, District Judge, Presiding Argued and Submitted May 5, 2008—Seattle, Washington Filed February 25, 2009 Before: Arthur L. Alarcón, Susan P. Graber, and Johnnie B. Rawlinson, Circuit Judges. Opinion by Judge Rawlinson; Partial Concurrence and Partial Dissent by Judge Alarcón 2223 2226…