MEMORANDUM**

A review of the record, the opening brief, and the response to the court’s January 8, 2007 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard).

Accordingly, the court sua sponte summarily affirms the district court’s judgment.

All pending motions are denied as moot.

AFFIRMED.