Streich

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30105 Plaintiff-Appellee, v.  D.C. No.

CR-05-05247-RBL

DONALD JAY STREICH,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted October 21, 2008—Seattle, Washington

Filed March 9, 2009

Before: Diarmuid F. O’Scannlain, Pamela Ann Rymer, and Andrew J. Kleinfeld, Circuit Judges.

Opinion by Judge O’Scannlain; Judge Kleinfeld Writes Separately COUNSEL

Jonathan S. Solovy, Law Office of Jonathan S. Solovy, Seat- tle, Washington, argued the cause for the defendant-appellant and filed the briefs.

Mark Parrent, Assistant United States Attorney, Seattle, Washington, argued the cause for the plaintiff-appellee and filed the brief. Jeffrey C. Sullivan, United States Attorney, Seattle, Washington, was also on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a criminal defendant who pled guilty can challenge the inclusion of information in his Pre- Sentence Report…