United States v. Gus Other Medicine

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 09-30020 Plaintiff-Appellee, D.C. No. v.  1:08-cr-00049-

GUS E. OTHER MEDICINE, RFC-

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief District Judge, Presiding

Argued and Submitted November 2, 2009—Portland, Oregon

Filed February 26, 2010

Before: Raymond C. Fisher and Richard A. Paez, Circuit Judges, and Barry Ted Moskowitz, District Judge.*

Opinion by Judge Fisher

*The Honorable Barry Ted Moskowitz, United States District Judge for the Southern District of California, sitting by designation. COUNSEL

William W. Mercer, United States Attorney, and Lori Harper Suek (argued), Assistant United States Attorney, Billings, Montana, for the plaintiff-appellee. 3188 UNITED STATES v. OTHER MEDICINE Kelly J. Varnes, Hendrickson Law Firm, P.C., Billings, Mon- tana, for the defendant-appellant.

OPINION

FISHER, Circuit Judge:

The Major Crimes Act, 18 U.S.C. §…