Strickland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-30091 Plaintiff-Appellee, v.  D.C. No.

CR-07-21-H-CCL

DENNIS STRICKLAND,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Charles C. Lovell, District Judge, Presiding

Submitted January 20, 2009* Seattle, Washington

Filed March 2, 2009

Before: Thomas M. Reavley,** Senior Circuit Judge, Richard C. Tallman and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Reavley

*The panel unanimously finds this case suitable for decision without oral argument. See FED. R. APP. P. 34(a)(2). **The Honorable Thomas M. Reavley, Senior United States Circuit Judge for the Fifth Circuit, sitting by designation.

2381 2384 UNITED STATES v. STRICKLAND

COUNSEL

Michael Donahoe, Federal Defenders of Montana, Helena, Montana, for the defendant-appellant.

Marcia Hurd and Eric B. Wolff, Assistant United States Attorneys, Billings, Montana, for the plaintiff-appellee.

OPINION

REAVLEY, Senior Circuit Judge:

Dennis Strickland appeals following his guilty-plea convic-…