Gust

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30208 Plaintiff-Appellee, v.  D.C. No.

CR-03-00172-WFN

TONY LAWRENCE GUST,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, Senior District Judge, Presiding

Argued and Submitted March 10, 2005—Seattle, Washington

Filed April 26, 2005

Before: Ferdinand F. Fernandez, A. Wallace Tashima, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Gould COUNSEL

Gerald R. Smith, Federal Defenders of Eastern Washington and Idaho, Spokane, Washington, for the defendant-appellant.

James A. McDevitt, United States Attorney, and George J.C. Jacobs, III, Assistant United States Attorney, Spokane, Wash- ington, for the plaintiff-appellee. 4648 UNITED STATES v. GUST

OPINION

GOULD, Circuit Judge:

After entering a conditional guilty plea, Tony Lawrence Gust appeals his judgment of conviction for possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). Pur- suant to his plea agreement, Gust…