Court of Appeals for the Ninth Circuit December 21, 2001, 00-10227 (United States v. Duane A. Willfong)

NOONAN, Circuit Judge,

dissenting:

At one level the issue on appeal is the meaning of a word; on a deeper level it is the right of a person not to be prosecuted for, and convicted of, a crime that he did not commit.

As to the meaning of the word, the court cites a popular college dictionary and follows it up with a thirty-year-old case telling us that the word needs no definition.