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UNITED STATES v. DiCESARE

Nos. 84-5013, 85-5021 and 84-5056.

777 F.2d 543 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Dario DiCESARE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kathleen FLANNERY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jose MARIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 2, 1985.

Attorney(s) appearing for the Case

Christine W.S. Byrd, Los Angeles, Cal., for plaintiff-appellee.

Stanley I. Greenberg, Los Angeles, Cal., Manuel Araujo, Santa Ana, Cal., for defendants-appellants.

Before GOODWIN, WALLACE, and REINHARDT, Circuit Judges.

ORDER AMENDING OPINION

The opinion filed in the above case on July 10, 1985, and reported at 765 F.2d 890, is amended as follows:

The second full paragraph, left hand column, on page 901 of 765 F.2d is hereby deleted, and the following is inserted in its place:

We affirm DiCesare's conviction and vacate Marin's conviction and remand for a new trial. Since Flannery entered a conditional guilty plea pursuant to rule...

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