Autery

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30424 Plaintiff-Appellant, v.  D.C. No.

CR-06-00387-REJ

JIM BRYAN AUTERY,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Oregon Robert E. Jones, District Judge, Presiding

Argued and Submitted October 20, 2008—Portland, Oregon

Filed February 13, 2009

Before: David R. Thompson, A. Wallace Tashima, and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Milan D. Smith, Jr.; Partial Concurrence and Partial Dissent by Judge Tashima COUNSEL

Karin J. Immergut and Gregory R. Nyhus, District of Oregon United States Attorney’s Office, Portland, Oregon, for the plaintiff-appellant. 1784 UNITED STATES v. AUTERY Wayne Mackeson, Portland, Oregon, for the defendant- appellee.

OPINION

MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellee Jim Bryan Autery pled guilty to pos- session of child pornography and entered into a plea bargain that called for the imposition of a forty-one to fifty-one month prison sentence pursuant to the United States…