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U.S. v. REYES-PLATERO

No. 99-50234.

224 F.3d 1112 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Alfredo REYES-PLATERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2000.

Amended September 8, 2000.

Attorney(s) appearing for the Case

Gerard J. Wasson, Grimes & Warwick, San Diego, California, for the defendant-appellant.

Darrell M. Padgette, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: WALLACE, TROTT and GOULD, Circuit Judges.

ORDER

The opinion, filed July 11, 2000, is amended as follows.

At slip op. 7839, insert the following before the paragraph that starts "DISMISSED . . .":

In a petition for rehearing, Reyes-Platero argues that our opinion conflicts with United States v. Leone, 215 F.3d 253 (2d Cir.2000), which was decided after we took his case under submission. In Leone, the Second Circuit followed its occasional practice...

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