Calvert

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30643 Plaintiff-Appellee, v.  D.C. No.

CR-99-00154-EFS

JOHN L. CALVERT,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Argued and Submitted September 28, 2007—Seattle, Washington

Filed January 14, 2008

Before: Betty B. Fletcher and Ronald M. Gould, Circuit Judges, and Stephen G. Larson,* District Judge.

Opinion by Judge Larson; Concurrence by Judge B. Fletcher

*The Honorable Stephen G. Larson, United States District Judge for the Central District of California, sitting by designation. COUNSEL

Richard D. Wall, Esq., Spokane, Washington, for the appel- lant. 382 UNITED STATES v. CALVERT Thomas O. Rice, Office of the United States Attorney, Spo- kane, Washington, for the appellee.

OPINION

LARSON, District Judge:

Today we resolve a sentencing guideline question left open in our decision in United States v. Smith: When someone is convicted of retaliating against a…