UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-50305 Plaintiff-Appellant, D.C. No. v. 3:19-cr-00261-L-1 ERIC LOPEZ, OPINION Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding

Argued and Submitted February 9, 2021 Pasadena, California

Filed May 21, 2021

Before: Danny J. Boggs, * Milan D. Smith, Jr., and Mary H. Murguia, Circuit Judges.

Opinion by Judge Murguia Partial Concurrence and Partial Dissent by Judge Milan D. Smith Jr.

* The Honorable Danny J. Boggs, Senior United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. 2 UNITED STATES V. LOPEZ

SUMMARY **

Cri