Ameline

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 02-30326 Plaintiff-Appellee, D.C. No. v.  CR-02-00011-SEH

ALFRED ARNOLD AMELINE, ORDER AND

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding

Submitted November 4, 2003* Opinion Filed July 21, 2004 Rehearing Granted February 9, 2005 Opinion on Rehearing Filed February 9, 2005 Seattle, Washington

Filed February 9, 2005

Before: Kim McLane Wardlaw, Ronald M. Gould, and Richard A. Paez, Circuit Judges.

Opinion by Judge Richard A. Paez

*The Panel unanimously finds this case suitable for decision without oral argument. Brian P. Fay, Angel, Coil & Bartlett, Bozeman, Montana, for the appellant.

William W. Mercer, United States Attorney, and Lori Harper Suek, Assistant United States Attorney, Great Falls, Montana; Michael A. Rotker, Attorney, United States Department of Justice, Washington, D.C., for the appellee.

ORDER

Appellant Alfred Ameline’s Petition for Rehearing is granted. The…