Court of Appeals for the Ninth Circuit November 16, 2009, 08-30434 (United States v. Basil Herbst)

FILED

NOT FOR PUBLICATION NOV 16 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-30434

Plaintiff - Appellee, D.C. No. CR-07-103-JDS

v.

MEMORANDUM *

BASIL PETER HERBST,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Montana

Jack D.