Sinerius

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30327 Plaintiff-Appellee, v.  D.C. No.

CR-05-00024-CCL

ARTHUR EMIL SINERIUS, JR.,

OPINION

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

Argued and Submitted March 9, 2007—Seattle, Washington

Filed September 20, 2007

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

Opinion by Judge O’Scannlain

12779 UNITED STATES v. SINERIUS 12781

COUNSEL

Michael Donahoe, Senior Litigator, Federal Defenders of Montana, argued the cause for the defendant-appellant, and filed briefs; Anthony R. Gallagher, Federal Defender, was on the briefs.

Marcia Hurd, Assistant U.S. Attorney, Billings, Montana, argued the cause for the plaintiff-appellee and filed a brief; William W. Mercer, U.S. Attorney, District of Montana, and Eric B. Wolf, Assistant U.S. Attorney, Billings, Montana, were on the brief. 12782 UNITED STATES v. SINERIUS

OPINION

O’SCANNLAIN, Circuit Judge:

We are called upon…