Ankeny

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30457 Plaintiff-Appellee, D.C. No. v. CR-04-00005-

KELLY DAVID ANKENY, SR.,  MWM

Defendant-Appellant. ORDER AND

AMENDED

 OPINION

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 Amended September 5, 2007

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

Opinion by Judge Graber; Dissent by Judge Reinhardt

11463 11466 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 11467

ORDER

The government’s request for clarification is GRANTED. The opinion filed on June 19, 2007, is amended as follows:

On slip opinion page 7239 (490 F.3d 744,…