Schneider

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30527 Plaintiff-Appellee, v.  D.C. No.

CR-01-00110-MFM

PAUL H. SCHNEIDER,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Malcolm F. Marsh, District Judge, Presiding

Argued and Submitted November 1, 2004—Portland, Oregon

Filed November 18, 2005

Before: Warren J. Ferguson, Stephen S. Trott, and Andrew J. Kleinfeld, Circuit Judges.

Opinion by Judge Trott; Concurrence by Judge Ferguson

15443 UNITED STATES v. SCHNEIDER 15445

COUNSEL

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, Oregon, for the defendant-appellant.

Kathleen R. Bickers, Assistant United States Attorney, Port- land, Oregon, for the plaintiff-appellee.

OPINION

TROTT, Circuit Judge:

Paul H. Schneider appeals his ten-month prison sentence entered after his conviction for theft of government money in violation of 18 U.S.C. § 641 and Social Security fraud in vio- lation of 42 U.S.C. § 408(a)(4). Schneider contends that (1) his Sixth Amendment rights were violated because his…