This disposition is not appropriate for p ublicat ion and is not precedent * except as provided by 9th Cir. R. 36-3. The panel unanimously finds this case suitable for decision without ** oral argument. Se e Fed. R. App. P. 34(a)(2). The Honorable Jane R . Roth, Senior United States Circuit Judge for *** the Third Circuit, sitting by designation. 1 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MONICA HOEFT, Plaintiff - Appellant, v. MICHAEL J. ASTRUE, Defendant - Ap pellee. No. 07-15651 D.C. No. CV-05-00375-ECR/VPC MEMORANDUM * Appeal from the United States District Court for the District of Nevada Edward C. Reed, District Judge, Presidi ng Submitted June 12, 2009 ** San Francisco, California Before: SCHROEDER, ROTH,and TASHIM A, Circuit Judges. *** FILED JUL 07 2009 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS