United States v. Durham

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30403 Plaintiff-Appellee, v.  D.C. No.

CR-04-39-BLG-JDS

JESSICA DURHAM,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, Senior District Judge, Presiding

Argued and Submitted May 4, 2006—Portland, Oregon

Filed September 22, 2006

Before: A. Wallace Tashima and William A. Fletcher, Circuit Judges, and Louis H. Pollak,* District Judge.

Opinion by Judge Pollak

*Honorable Louis H. Pollak, United States District Court Judge for the Eastern District of Pennsylvania, sitting by designation.

11883 UNITED STATES v. DURHAM 11885

COUNSEL

Steven C. Babcock (argued) and Anthony R. Gallagher, Fed- eral Defenders of Montana, Billings, Montana, for the plaintiff-appellant. 11886 UNITED STATES v. DURHAM Marcia Hurd (argued) and William W. Mercer, Office of the United States Attorney, Billings, Montana, for the defendant- appellee.

OPINION

POLLAK, District Judge:

On January 11, 2005, following a bench trial, the District Court…