Fifield

MEMORANDUM **

After pleading guilty to two counts of unlawful possession of firearms in violation of 18 U.S.C. §§ 922 (g)(1) and 922(g)(3), appellant Fifield was originally sentenced on July 6, 2004, to 54 months’ imprisonment on each count concurrently, but to run consecutively to two previously-imposed Montana state sentences. This is Fifield’s third appeal from the sentence. See United States v. Fifield, 432 F.3d 1056 (9th Cir.2005) (“Fifield I”); United States v. Fifield, 485 F.3d 1053 (9th Cir.2007). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).

On this appeal, Fifield again challenges the district court’s running his federal sentence consecutively to his state court sentences. He contends that the consecutive federal sentence violates his Sixth Amendment rights as construed in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004); and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

Fifield concedes, however, that this issue has already been adversely decided against him in Fifield I. See 432 F.3d at 1066-67 .…