Gonzalez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30098 Plaintiff-Appellee, v.  D.C. No.

CR-06-02112-EFS

RICARDO GONZALEZ,

OPINION

Defendant-Appellant.  On Remand From The United States Supreme Court

Filed August 24, 2009

Before: Betty B. Fletcher, Richard A. Paez and N. Randy Smith, Circuit Judges.

Opinion by Judge B. Fletcher

11571 UNITED STATES v. GONZALEZ 11573

COUNSEL

Rebecca L. Pennell, Federal Defenders of Eastern Washing- ton and Idaho, Yakima, Washington, for the defendant- appellant.

James A. McDevitt, United States Attorney, and Thomas J. Hanlon (argued), Assistant United States Attorney, Yakima, Washington, for the plaintiff-appellee.

OPINION

B. FLETCHER, Circuit Judge:

We review this appeal for the second time on remand from the United States Supreme Court. The Court on May 4, 2009 11574 UNITED STATES v. GONZALEZ granted certiorari, and vacated and remanded our disposition for further consideration in light of its recent decision in Ari- zona v. Gant, 129 S. Ct. 1710 (2009). We hold that Gant requires that Appellant Ricardo Gonzalez’s…