UNITED STATES v. SOTO

No. 84-1238.

793 F.2d 217 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Ruben SOTO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 26, 1986.


Attorney(s) appearing for the Case

Ivan S. Abrams, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Stevan Noxon, Asst. Fed. Public Defender, Fresno, Cal., for defendant-appellant.

Before MERRILL, WALLACE, and POOLE, Circuit Judges.


ORDER

The government has filed a petition for rehearing, and Soto has filed a response.

The opinion filed in this case on January 3, 1986, 779 F.2d 558, is amended by deleting the last two paragraphs and substituting the following:

We decline, however, to find the sentence imposed for Count IV improper. Furthermore, we need not remand for resentencing because the record presents no evidence that the district court...

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