Ziegler

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30177 Plaintiff-Appellee, D.C. No. v.  CR-03-00008-RFC

JEFFREY BRIAN ZIEGLER, ORDER AND

Defendant-Appellant.  OPINION

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

Argued and Submitted March 6, 2006—Seattle, Washington

Filed January 30, 2007

Before: Diarmuid F. O’Scannlain, Barry G. Silverman, and Ronald M. Gould, Circuit Judges.

Opinion by Judge O’Scannlain

1077 1080 UNITED STATES v. ZIEGLER

COUNSEL

David F. Ness, Assistant Federal Defender, Great Falls, Mon- tana, argued the cause for the defendant-appellant. Anthony R. Gallagher, Federal Defender, District of Montana, was on the briefs.

Marcia Hurd, Assistant United States Attorney, Billings, Montana, argued the cause for the plaintiff-appellee. William W. Mercer, United States Attorney, District of Montana, was on the brief. UNITED STATES v. ZIEGLER 1081

ORDER

The petition for panel rehearing is GRANTED. The opin- ion filed on…