Cienfuegos

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10201 Plaintiff-Appellant, v.  D.C. No.

CR-03-00662-FJM

THEODORE ANTHONY CIENFUEGOS,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding

Submitted May 16, 2006* San Francisco, California

Filed September 8, 2006

Before: Pamela Ann Rymer and Kim McLane Wardlaw, Circuit Judges, and James V. Selna,** District Judge.

Opinion by Judge Wardlaw

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

10909 10912 UNITED STATES v. CIENFUEGOS

COUNSEL

Linda C. Boone, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellant.

Martin Lieberman, Phoenix, Arizona, for the defendant- appellee.

OPINION

WARDLAW, Circuit Judge:

The Government appeals the district court’s denial of its motion to order restitution for…