Lafromboise

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-35853 Plaintiff-Appellee, D.C. Nos. v. CV-99-00080-BLG/

DEAN LAFROMBOISE,  JDS

CR-94-0082-JDS

Defendant-Appellant.

ORDER AND

AMENDED

 OPINION

Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, District Judge, Presiding

Argued and Submitted July 14, 2005—Seattle, Washington

Filed October 26, 2005 Amended December 8, 2005

Before: A. Wallace Tashima, Richard A. Paez, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Paez; Dissent by Judge Callahan

15945 UNITED STATES v. LAFROMBOISE 15947

COUNSEL

Wendy Holton, Helena, Montana, for the appellant.

William W. Mercer, Billings, Montana, and John A. Drennan, Washington, DC, for the appellee. 15948 UNITED STATES v. LAFROMBOISE

ORDER

Appellant’s motion to amend opinion is GRANTED.

The opinion filed October 26, 2005, United States v. LaFrombroise, 427 F.3d 680 (9th Cir. 2005), is amended as follows. At page 682, delete the sentence that currently reads:

“The…