United States v. Knows His Gun

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 04-30302 v.  D.C. No.

CR-03-00094-RFC

SYLVESTER NORMAN KNOWS HIS

GUN, III, OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Richard F. Cebull, District Judge, Presiding

Submitted December 5, 2005* Seattle, Washington

Filed February 15, 2006

Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William W Schwarzer,** District Judge.

Opinion by Judge Gould

*This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). **The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

1739 1742 UNITED STATES v. KNOWS HIS GUN

COUNSEL

Anthony R. Gallagher and Robin Hammond, Federal Defend- ers of Montana, Billings, Montana, for the defendant- appellant.

William M. Mercer, United States Attorney, and Marcia Herd, Assistant United States Attorney, Billings, Montana, for the…