Bibler

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30375 Plaintiff-Appellee, D.C. No. v.  CR-05-00174-2- BROOKE MARIE BIBLER, a.k.a. SEH Brooke Bibler,

OPINION

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

Argued and Submitted March 9, 2007—Seattle, Washington

Filed May 4, 2007

Before: Betty B. Fletcher, Diarmuid F. O’Scannlain, and A. Wallace Tashima, Circuit Judges.

Opinion by Judge B. Fletcher COUNSEL

E. June Lord, Great Falls, Montana, for the defendant- appellant.

Joseph E. Thaggard, Assistant United States Attorney, Great Falls, Montana, for the plaintiff-appellee. 4952 UNITED STATES v. BIBLER

OPINION

B. FLETCHER, Circuit Judge:

Brooke Bibler appeals her 80-month sentence, arguing that the district court erred in failing to apply the safety valve exception, 18 U.S.C. § 3553(f), when sentencing her. Even assuming that the district court’s failure to apply § 3553(f) was error, appellant waived her right to appeal the sentence imposed by the…