UNITED STATES of America, Plaintiff-Appellee,
v.
Kenderick BEGAY, a.k.a. Kendrick Begay, Defendant-Appellant.

*1039 Daniel L. Kaplan, Assistant Federal Public Defender, Phoenix, AZ, for the appellant.

John R. Lopez, Assistant United States Attorney, Phoenix, AZ, for the appellee.

*1040 Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RAYMOND C. FISHER, MARSHA S. BERZON, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and SANDRA S. IKUTA, Circuit Judges.

Opinion by Judge CLIFTON; Dissent by Judge REINHARDT.

OPINION

CLIFTON, Circuit Judge:

Kenderick Begay appeals his convictions on two counts of first-degree murder in violation of 18 U.S.C. §§ 1111(a) and 1153(a), and two counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A). Begay's principal argument on appeal is that the evidence introduced at trial, even when taken in the light most favorable to the prosecution, fails to establish that he acted with premeditation and thus