Weiland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30091 Plaintiff-Appellee, v.  D.C. No.

CR-03-00070-EFS

WILLIAM WEILAND,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Argued and Submitted March 8, 2005—Seattle, Washington

Filed August 24, 2005

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

Opinion by Judge Gould; Dissent by Judge Tashima

11307 11312 UNITED STATES v. WEILAND

COUNSEL

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

James A. McDevitt, United States Attorney, Stephanie J. Lis- ter, Assistant United States Attorney, Spokane, Washington, for the plaintiff-appellee.

OPINION

GOULD, Circuit Judge:

Defendant-Appellant William Weiland appeals his convic- tion and sentence for one count of possessing two firearms and ammunition as a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and one count of forfeiture, pursuant to 18…