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U.S. v. BYRNE

No. 98-50405.

203 F.3d 671 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Frederick BYRNE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion filed September 17, 1999.

Opinion Withdrawn January 31, 2000.

Filed January 31, 2000.

Attorney(s) appearing for the Case

Jeremy D. Warren, Federal Defenders of San Diego, San Diego, California, for the defendant-appellant.

Louis E. Peraertz, Jessica Dunsay Silver, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: HALL and T.G. NELSON, Circuit Judges, and WARE, District Judge.

ORDER AND OPINION

WARE, District Judge:

ORDER

The Opinion filed September 17, 1999, is withdrawn. The Petition for Rehearing and Petition for Rehearing En Banc and the Response thereto will be deemed to be addressed to the substitute opinion filed herewith.

OPINION

Appellant Charles Frederick Byrne ("Appellant") appeals from the district court's order denying his motion under Fed...

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