United States v. Ortuno-Higareda

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 04-10257 Plaintiff-Appellee, D.C. No. v.  CR-00-00786-1- RAUL ORTUÑO-HIGAREDA, JMR Defendant-Appellant.  OPINION Appeal from the United States District Court for the District of Arizona John M. Roll, District Judge, Presiding Argued and Submitted February 7, 2005—San Francisco, California Filed August 26, 2005 Before: J. Clifford Wallace, Johnnie B. Rawlinson, and Jay S. Bybee, Circuit Judges. Opinion by Judge Wallace; Partial Concurrence and Partial Dissent by Judge Rawlinson 11625 11628…