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U.S. v. MATTHEWS

No. 98-10499.

240 F.3d 806 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl Matthews, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2000.

Amended February 21, 2001.

Attorney(s) appearing for the Case

Franny A. Forsman, Federal Public Defender, Paul G. Turner (argued), Assistant Federal Public Defender, Las Vegas, Nevada, for the defendant-appellant.

Kathryn E. Landreth, United States Attorney, Peter Ko (argued), Assistant United States Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

Before: Betty B. FLETCHER, William C. CANBY, Jr., and Diarmuid F. O'SCANNLAIN, Circuit Judges.

Opinion by Judge BETTY B. FLETCHER; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

ORDER

The opinion filed September 14, 2000 and published at 226 F.3d 1075 (9th Cir. 2000) is amended as follows:

At page 1086 delete the following sentence and citation:

We therefore reverse and remand for resentencing on the record as it now stands. See United States v. Hudson, 129 F.3d...

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