United States v. Ricky Hector

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-30271 Plaintiff-Appellee, D.C. No. v.  9:07-CR-00073-

RICKY LEE HECTOR, DWM-

Defendant-Appellant.  OPINION

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

Argued and Submitted June 5, 2009—Portland, Oregon

Filed August 18, 2009

Before: Alfred T. Goodwin, Diarmuid F. O’Scannlain and Raymond C. Fisher, Circuit Judges.

Opinion by Judge O’Scannlain

11275 UNITED STATES v. HECTOR 11277

COUNSEL

John Rhodes, Assistant Federal Defender, Federal Defenders of Montana, Missoula, Montana argued the cause for Defendant-Appellant and filed briefs. Anthony R. Gallagher, Federal Defender, Federal Defenders of Montana, Missoula, Montana was also on the briefs.

Cyndee L. Peterson, Assistant United States Attorney, Mis- soula, Montana, argued the cause for the United States and submitted a brief. William W. Mercer, United States Attor- ney, Missoula, Montana, was on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

As…