Overton

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-30075 Plaintiff-Appellee, D.C. No. v.  2:07-CR-00028-

WALTER MERLE OVERTON, DWM

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted January 21, 2009—Seattle, Washington

Filed June 18, 2009

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

Opinion by Judge Tallman

*The Honorable Thomas M. Reavley, Senior United States Circuit Judge for the Fifth Circuit, sitting by designation. COUNSEL

Anthony R. Gallagher, Office of the Federal Public Defenders for the District of Montana, Great Falls, Montana, for the defendant-appellant.

Eric B. Wolff (argued), Marcia Hurd, Assistant United States Attorneys, and William W. Mercer, United States Attorney for the District of Montana, Billings, Montana, for the plaintiff-appellee.

OPINION

TALLMAN, Circuit Judge:

Following a two-day bench trial…