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UNITED STATES v. CASTILLO-CASIANO

No. 98-50589.

204 F.3d 1257 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Omar CASTILLO-CASIANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Amended March 10, 2000.

Attorney(s) appearing for the Case

Mark S. Windsor, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Melanie K. Pierson, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: D.W. NELSON, REINHARDT, and TROTT, Circuit Judges.

ORDER

The opinion filed December 28, 1999 [198 F.3d 787] is amended as follows:

1. On slip opinion page 14988, line 11 [198 F.3d at 791], add the following footnote after the sentence that ends "we may only determine whether the facts could possibly support such a departure:"

This standard for determining whether the error was harmless applies in both plain error and harmless error cases, because shifting the burden...

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