Teeples

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30307 Plaintiff-Appellee, v.  D.C. No.

CR-02-00045-DWM

DAVID RAY TEEPLES,

OPINION

Defendant-Appellant.  On Remand from the United States Supreme Court

Filed January 5, 2006

Before: Mary M. Schroeder, Chief Judge, James R. Browning, and A. Wallace Tashima, Circuit Judges.

Per Curiam Opinion

59 UNITED STATES v. TEEPLES

COUNSEL

Melissa Harrison and John Rhodes, Assistant Federal Defend- ers, Federal Defenders of Montana, Missoula, Montana, for the defendant-appellant.

David G. Dennis and Joshua S. Van De Wetering, Assistant U.S. Attorneys, U.S. Attorney’s Office, Great Falls, Montana, for the appellee.

OPINION

PER CURIAM:

This matter is before us after the United States Supreme Court vacated our earlier memorandum disposition and UNITED STATES v. TEEPLES 61 remanded for further consideration in light of its recent opin- ion in United States v. Booker, 125 S.Ct. 738 (2005). In this appeal, David Ray Teeples challenges the district court’s determination that, on the basis of his two prior…