Thai

FILED

NOT FOR PUBLICATION DEC 11 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 07-30408

Plaintiff - Appellee, D.C. No. CR-05-00347-TSZ

v.

MEMORANDUM *

HOANG MUNG THAI,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, Senior District Judge, Presiding

Submitted November 17, 2009 **

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

Hoang Mung Thai appeals from the 108-month sentence imposed upon a

remand for resentencing, following his guilty-plea conviction for possession with

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

EF/Research intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), and

U.S.C. § 2. Pursuant to Anders v. California, 386 U.S. 738 (1967), Thai’s counsel

has filed a brief stating…