Fifield

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30171 Plaintiff-Appellee, v.  D.C. No.

CR 03-0042 DWM

BLAINE TRAVIS FIFIELD,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Submitted March 8, 2007* Seattle, Washington

Filed May 7, 2007

Before: Diarmuid F. O’Scannlain, A. Wallace Tashima, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Tashima; Concurrence by Judge O’Scannlain; Concurrence by Judge Tashima

*The panel unanimously finds this case appropriate for decision without oral argument. See Fed. R. App. P. 34(a)(2)(C). COUNSEL

John Rhodes, Assistant Federal Defender, Missoula, Montana, for the defendant-appellant.

Eric B. Wolff, Assistant United States Attorney, Billings, Montana, for the plaintiff-appellee.

OPINION

TASHIMA, Circuit Judge:

On his first appeal, Blaine Travis Fifield was granted a lim- ited remand pursuant to United States v. Ameline, 409 F.3d 5172 UNITED STATES v. FIFIELD 1073 (9th Cir.…