Ankeny

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30457 Plaintiff-Appellee, v.  D.C. No.

CR-04-00005-MO

KELLY DAVID ANKENY, SR.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued July 27, 2006; Resubmitted June 5, 2007 Portland, Oregon

Filed June 19, 2007

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

Opinion by Judge Graber; Dissent by Judge Reinhardt

7219 7222 UNITED STATES v. ANKENY

COUNSEL

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, Oregon, for the defendant-appellant.

Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., for the plaintiff-appellee. UNITED STATES v. ANKENY 7223

OPINION

GRABER, Circuit Judge:

Defendant Kelly David Ankeny, Sr., was indicted on four counts of being a felon in possession of a firearm and one count of possession of an unregistered sawed-off shotgun. The district court denied his motion to…