Dupas

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50055 Plaintiff-Appellee, D.C. No. v.  CR-02-00339-

MATTHEW EUGENE DUPAS, DOC-

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued March 11, 2005; Resubmitted July 27, 2005 Pasadena, California

Filed August 3, 2005

Before: John R. Gibson,* Susan P. Graber, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Graber

*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

9059 9062 UNITED STATES v. DUPAS

COUNSEL

Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Richard Y. Lee, Assistant United States Attorney, Santa Ana, California, for the plaintiff-appellee.

OPINION

GRABER, Circuit Judge:

Defendant Matthew Eugene Dupas appeals the sentence imposed after his conviction for possessing stolen mail in vio-…