Opinion
Argued and Submitted Jan. 11, 2005.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Klaus P. Richter, Esq., Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
David F. Ness, Esq., Federal Defenders of Montana, Great Falls, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Sam E. Haddon, District Judge, Presiding. D.C.No. CR-03-00016-SEH.
Before: SCHROEDER, Chief Judge, GRABER, and FISHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 363.
Appellant has notified the court of his desire to pursue a remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). Defendant's sentence is therefore REMANDED. United States v. Von Brown, 417 F.3d 1077 (9th Cir.2005) (per curiam).