FILED UNITED STATES COURT OF APPEALS OCT 13 2011 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 10-30274 Plaintiff - Appellee, D.C. No. 4:10-cr-00023-SEH-1 District of Montana, v. Great Falls GENTRY CARL LABUFF, ORDER Defendant - Appellant.

Before: FISHER, GOULD, and PAEZ, Circuit Judges.

The government’s request for publication is GRANTED. The memorandum disposition filed on July 1, 2011 is withdrawn and is replaced with an opinion filed concurrently with this order.

No petitions for rehearing or rehearing en banc may be filed in response to the opinion.