Soon after Bower submitted his opening brief, we published United States v. Gourde, 440 F.3d 1065 (9th Cir.2006) (en banc). Gourde controls this case.
AFFIRMED.
Nos. 05-30168, 05-30324.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted July 24, 2006.
Decided July 28, 2006.
Audrey J. Renschen, Esq., Office of the U.S. Attorney, Anchorage, AK, for Plaintiff-Appellee.
Sue Ellen Tatter, Esq., Federal Public Defender’s Office, Anchorage, AK, for Defendant-Appellant.
Before: KOZINSKI, BERZON, and TALLMAN, Circuit Judges.
Soon after Bower submitted his opening brief, we published United States v. Gourde, 440 F.3d 1065 (9th Cir.2006) (en banc). Gourde controls this case.
AFFIRMED.
193 F. App'x 730
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