Norbury

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30328 Plaintiff-Appellee, D.C. No. v.  CR-05-00022-1-

JAMES VAUGHN NORBURY, CCL

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Montana Charles C. Lovell, District Judge, Presiding

Argued and Submitted February 7, 2007—Seattle, Washington

Filed June 25, 2007

Before: Robert R. Beezer, Raymond C. Fisher, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Beezer COUNSEL

Monte Jewell, Missoula, Montana, for the defendant- appellant.

Joshua S. Van de Wetering, Assistant United States Attorney, for the plaintiff-appellee.

OPINION

BEEZER, Circuit Judge:

Defendant James Vaughn Norbury appeals his conviction and sentence for four methamphetamine-related counts. Nor- 7608 UNITED STATES v. NORBURY bury contends that insufficient evidence supports his convic- tion and that the district court improperly enhanced his sen- tence under 21 U.S.C. § 841 based on a prior conviction.

We have jurisdiction pursuant to 18…