Davenport

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30596 Plaintiff-Appellee, D.C. No. v.  CR-06-00006-

WINSTON DAVENPORT, 1-DWM

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted November 6, 2007—Seattle, Washington

Filed March 20, 2008

Before: William C. Canby, Jr., Susan P. Graber, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Gould; Dissent by Judge Graber

2657 2660 UNITED STATES v. DAVENPORT

COUNSEL

Darla J. Mondou, Marana, Arizona, for the defendant- appellant.

Marcia Hurd and Eric B. Wolff, U.S. Attorney’s Office, Bil- lings, Montana, for plaintiff-appellee United States of Amer- ica.

OPINION

GOULD, Circuit Judge:

Winston Davenport appeals the district court’s denial of Davenport’s motion to withdraw his guilty plea and the sen- tence that the district court imposed on him for one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2) and one count of possessing child…