Kortgaard

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-10421 Plaintiff-Appellee, v.  D.C. No.

CR-02-00099-ACK

LARON KEVIN KORTGAARD,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Hawaii Alan C. Kay, District Judge, Presiding

Argued and Submitted November 3, 2004 Submission Withdrawn January 11, 2005 Resubmitted August 30, 2005 Honolulu, Hawaii

Filed September 21, 2005

Before: Melvin Brunetti, Susan P. Graber, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Brunetti

13573 13576 UNITED STATES v. KORTGAARD

COUNSEL

David F. Klein, Esq., Honolulu, Hawaii, for the defendant- appellant.

Michael K. Kawahara, Assistant United States Attorney, Honolulu, Hawaii, for the plaintiff-appellee.

OPINION

BRUNETTI, Circuit Judge:

Laron Kevin Kortgaard appeals his conviction and sentence for manufacturing marijuana. We have jurisdiction under 28 U.S.C. § 1291. We affirmed Kortgaard’s conviction in an unpublished Memorandum and deferred submission of the sentencing issues. United States v. Kortgaard, 119 Fed. Appx. 148 (9th Cir.…