Ringold

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-10492 Plaintiff-Appellee, v.  D.C. No. CR-05- 00805-MJJ

ARNOLD RINGGOLD,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Northern District of California Martin J. Jenkins, District Judge, Presiding

Argued and Submitted December 15, 2008—Pasadena, California

Filed July 7, 2009

Before: J. Clifford Wallace, Edward Leavy and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Thomas COUNSEL

Barry J. Portman, Federal Public Defender, and Jerome E. Matthews (argued), Assistant Federal Public Defender, Oak- land, California, for the defendant-appellant.

Joseph P. Russoniello, United States Attorney, Barbara J. Val- liere, Assistant United States Attorney, and W.S. Wilson Leung (argued), Assistant United States Attorney, San Fran- cisco, California, for the plaintiff-appellee.

OPINION

THOMAS, Circuit Judge:

This appeal concerns the question whether, after United States v. Booker, 543 U.S. 220 (2005), a district court abuses its discretion by declining to consider the…