No. 00-10283

259 F.3d 1077 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Nolan L. Poocha, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2001

Attorney(s) appearing for the Case

Quin Denvir, Federal Defender, and Oliver E. Vallejo, Assistant Federal Defender, Fresno, California, for the petitioner-appellant.

Paul L. Seave, U.S. Attorney, and Virna L. Santos, Assistant U.S. Attorney, Sacramento, California, for the respondent-appellee.

Before: Stephen Reinhardt, A. Wallace Tashima, and Marsha S. Berzon, Circuit Judges.

Argued and Submitted April 9, 2001 — San Francisco, California

Opinion by Judge REINHARDT; Concurrence by Judge BERZON; Partial Concurrence and Partial Dissent by Judge TASHIMA

REINHARDT, Circuit Judge:

Nolan Poocha appeals his convictions for disorderly conduct, in violation of 36 C.F.R. § 2.34(a)(2), and failure to obey a lawful order, in violation of 36 C.F.R. § 2.32(a)(2). We reverse the first conviction, but affirm the second...

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