United States v. Elven Swisher

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-35796 Plaintiff-Appellee, D.C. Nos. v. 1:09-cv-00055-BLW 1:07-cr-00182-BLW-1 ELVEN JOE SWISHER, Defendant-Appellant. OPINION Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding Argued and Submitted May 16, 2014—Portland, Oregon Filed October 29, 2014 Before: Arthur L. Alarcón, A. Wallace Tashima, and Sandra S. Ikuta, Circuit Judges. Opinion by Judge Ikuta; Concurrence by Judge Tashima 2 UNITED STATES V. SWISHER SUMMARY*…