Dorsey

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30152 Plaintiff-Appellee, v.  D.C. No.

CR-A03-0139-JKS

NIKOS DELANO DORSEY,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Alaska James K. Singleton, Chief Judge, Presiding

Argued and Submitted April 5, 2005—Seattle, Washington

Filed August 10, 2005

Before: William C. Canby, Jr., Richard C. Tallman, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Tallman; Partial Concurrence and Partial Dissent by Judge Rawlinson

10297 UNITED STATES v. DORSEY 10301

COUNSEL

Kevin F. McCoy, Assistant Federal Defender, Anchorage, Alaska, for the defendant-appellant.

Jo Ann Farrington, Assistant United States Attorney, Anchor- age, Alaska, for the plaintiff-appellee.

OPINION

TALLMAN, Circuit Judge:

Following a conditional guilty plea, Nikos Delano Dorsey was convicted of possession of cocaine base with intent to distribute, possession of a firearm during and in relation to a drug trafficking offense, and possession of a firearm in a school zone. He challenges his…