Dallman

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30349 Plaintiff-Appellee, D.C. No. v. CR-04-00171-WFN

KENNETH ROY DALLMAN,  ORDER

Defendant-Appellant. AMENDING

OPINION AND

AMENDED

 OPINION

Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, Senior Judge, Presiding

Submitted April 7, 2006* Withdrawn From Submission August 29, 2006 Resubmitted April 15, 2008 Seattle, Washington

Filed May 19, 2008 Amended July 15, 2008

Before: William C. Canby, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Gould

*This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2) COUNSEL

Gordon R. Stoa, Spokane, Washington, for the defendant- appellant. 8738 UNITED STATES v. DALLMAN Joseph H. Harrington, Assistant United States Attorney, Spo- kane, Washington, for the plaintiff-appellee.

ORDER

The opinion filed on May 19, 2008 is AMENDED as fol- lows:

In…