Stevens

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30597 Plaintiff-Appellee, v.  D.C. No.

CR-05-00034-RFC

ROBERT THAYER STEVENS,

OPINION

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

Argued and Submitted July 28, 2006—Portland, Oregon

Filed September 13, 2006

Before: Alfred T. Goodwin, A. Wallace Tashima, and Susan P. Graber, Circuit Judges.

Opinion by Judge Goodwin; Dissent by Judge Graber

11247 UNITED STATES v. STEVENS 11249

COUNSEL

Mark S. Werner, Federal Defenders of Montana, Billings, Montana, for the defendant-appellant.

Marcia Hurd, Assistant U.S. Attorney, Billings, Montana, for the plaintiff-appellee.

OPINION

GOODWIN, Circuit Judge:

Robert Stevens appeals a 30-year sentence imposed by the district court after Stevens plead guilty to one count of Receipt of Child Pornography and one count of Possession of 11250 UNITED STATES v. STEVENS Child Pornography, both in violation of 18 U.S.C. § 2252A(a). For the reasons set forth below, we vacate the…