United States of America, Plaintiff-appellee, v. Ronald Ray Zurmiller, Defendant-appellant, 362 F.3d 1199 (9th Cir. 2004)

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U.S. Court of Appeals for the Ninth Circuit - 362 F.3d 1199 (9th Cir. 2004) Argued and Submitted March 4, 2004
Filed March 30, 2004

John Rhodes (argued) and Melissa Harrison, Assistant Federal Defenders, Missoula, MT, for the defendant-appellant.

Kris A. McLean, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.

Appeal from the United States District Court for the District of Montana; Donald W. Molloy, District Judge, Presiding. D.C. No. CR-02-00013-DWM.

Before O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.


We adopt the factual background in Part II and affirm for the reasons stated in Parts III.A.1, III.A.2, and III.B.1 of the district court's published opinion, 247 F. Supp. 2d 1161, 1163-69 (D. Mont. 2003), except the analysis related to Zurmiller's potential status as a felon in possession of firearms and ammunition, id. at 1168-69 & n. 11. Zurmiller does not argue the rest of the issues discussed in the district court's opinion on appeal.