Beadion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30197 Plaintiff-Appellee, v.  D.C. No.

CR-03-00181-JWS

JOE CHARLES BEAUDION,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Alaska John W. Sedwick, District Judge, Presiding

Argued and Submitted February 18, 2005—Seattle, Washington

Filed July 19, 2005

Before: Betty Binns Fletcher and Ronald M. Gould, Circuit Judges, and Samuel P. King,* District Judge.

Opinion by Judge Gould

*The Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, sitting by designation. COUNSEL

Kevin F. McCoy, Assistant Federal Defender, Anchorage, Alaska, for the defendant-appellant. 8478 UNITED STATES v. BEAUDION Mark A. Rosenbaum, Assistant U.S. Attorney, Anchorage, Alaska, for the plaintiff-appellee.

OPINION

GOULD, Circuit Judge:

Joe Charles Beaudion appeals the sentence resulting from his guilty plea to one count of bank robbery, in violation of 18 U.S.C. § 2113(a), and one count of use of a firearm in rela- tion to a…