Snipe

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30215 Plaintiff-Appellee, v.  D.C. No.

CR-05-00193-BLW

SONNY SNIPE,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted February 7, 2007—Portland, Oregon

Filed January 28, 2008

Before: David R. Thompson, Andrew J. Kleinfeld, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee

1309 1312 UNITED STATES v. SNIPE

COUNSEL

David N. Parmenter, Esq., Blackfoot, Idaho, for the defendant-appellant.

Michelle Mallard, Assistant United States Attorney, United States Attorney for the District of Idaho, Pocatello, Idaho, for the plaintiff-appellee.

OPINION

BYBEE, Circuit Judge:

Appellant Sonny Snipe1 challenges his conviction and sen-

1 Appellant’s surname is spelled inconsistently throughout the record. We refer to Appellant as Snipe, pursuant to the Presentence Report, which states: “The defendant’s true name is Sonny Ray Snipe, not Snipes as listed in the indictment.” UNITED STATES v. SNIPE …