United States v. Bad Marriage

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30149 Plaintiff-Appellee, v.  D.C. No.

CR-03-00029-SEH

VERNON LEE BAD MARRIAGE, JR.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding

Argued and Submitted December 6, 2005—Seattle, Washington

Filed February 22, 2006

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

Opinion by Judge Schwarzer; Dissent by Judge Berzon

*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

1899 1902 UNITED STATES v. BAD MARRIAGE

COUNSEL

David F. Ness, Assistant Federal Defender, Federal Defenders of Montana, Great Falls, Montana, for the defendant- appellant.

Joseph E. Thaggard, Assistant U. S. Attorney, U.S. Attorney’s Office, Great Falls, Montana, for the plaintiff-appellee.

OPINION

SCHWARZER, Senior District Judge:

Vernon Lee Bad Marriage, Jr., (Bad Marriage) appeals his sentence…