Pike

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30528 Plaintiff-Appellant, v.  D.C. No.

CR-04-00340-GMK

CHRISTOPHER MICHAEL PIKE,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Oregon Garr M. King, District Judge, Presiding

Argued and Submitted July 27, 2006—Portland, Oregon

Filed January 17, 2007

Before: Stephen Reinhardt, A. Wallace Tashima, and Susan P. Graber, Circuit Judges.

Opinion by Judge Reinhardt

687 690 UNITED STATES v. PIKE

COUNSEL

Karin J. Immergut, United States Attorney, District of Ore- gon, Portland, Oregon; and Gary Y. Sussman, Assistant United States Attorney, Portland, Oregon, for the plaintiff- appellant.

Nancy Bergeson, Assistant Federal Public Defender, Portland, Oregon, for the defendant-appellee.

OPINION

REINHARDT, Circuit Judge:

The government appeals the fifty-month sentence imposed by the district court following Christopher Pike’s plea of UNITED STATES v. PIKE 691 guilty to bank robbery under 18 U.S.C. § 2113(a). It argues that the district judge applied an…