Lence

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30236 Plaintiff-Appellee, D.C. No. v. CR-00-00035-SEH

JOHN A. LENCE,  ORDER

Defendant-Appellant. AMENDING

OPINION AND

AMENDED

 OPINION

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

Argued and Submitted January 13, 2006—Portland, Oregon

Filed July 27, 2006 Amended October 25, 2006

Before: Diarmuid F. O’Scannlain, Susan P. Graber, and Carlos T. Bea, Circuit Judges.

Opinion by Judge O’Scannlain

17813 17816 UNITED STATES v. LENCE

COUNSEL

James C. Bartlett, Kalispell, Montana, and Daniel Donovan, Thompson, Potts & Donovan, P.C., Great Falls, Montana, argued the cause for the appellant and were on the briefs.

Ellen R. Meltzer, United States Department of Justice, Fraud Section, Criminal Division, Washington, D.C., argued the cause for the appellee. William W. Mercer, United States Attorney, District of Montana, Patrick M. Donley, and Nicola J. Mrazek, United States Department of Justice,…