Tankersley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 07-30334 v.  D.C. No.

CR-06-60071-ALA

KENDALL TANKERSLEY, aka Sarah Kendall Harvey; Kendall, OPINION Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted May 5, 2008—Portland, Oregon

Filed August 12, 2008

Before: Richard C. Tallman, Richard R. Clifton, and N. Randy Smith, Circuit Judges.

Opinion by Judge Tallman

10377 10380 UNITED STATES v. TANKERSLEY

COUNSEL

Gail K. Johnson, Smith and West, LLC, Denver, Colorado, for the appellant.

Stephen F. Peifer, Assistant U.S. Attorney, Portland, Oregon, for the appellee.

OPINION

TALLMAN, Circuit Judge:

Kendall Tankersley appeals a 41-month sentence imposed following her guilty plea to a three-count Information charg- ing her with conspiracy to commit arson and destruction of an energy facility in violation of 18 U.S.C. § 371, aiding and abetting attempted arson in violation of 18 U.S.C. §§ 2 and 844(i), and aiding and abetting arson in violation…