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U.S. v. GALINDO-GALLEGOS

Nos. 99-50585, 98-02021

255 F.3d 1154 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Julian GALINDO-GALLEGOS, aka Jose Reyes-Olague, aka Aurelio Garcia-Chairez, aka Jose Olague Reyes, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2001.

Amended April 25, 2001.

Second Amendment July 12, 2001.

Attorney(s) appearing for the Case

Debra A. DiIorio, DiIorio & Hall, San Diego, California, for the appellant.

Kevin J. Kelly, Assistant U.S. Attorney, San Diego, California, for the appellee.

Before: Pamela Ann Rymer, Andrew J. Kleinfeld, and Richard A. Paez, Circuit Judges.

Argued and Submitted July 12, 2000 — Pasadena, California

Opinion by Judge Kleinfeld; Concurrence by Judge Paez

ORDER

The slip opinion filed March 27, 2001 and amended April 25, 2001, is amended as follows:

At slip opinion 5225, lines 4-6 of the text, delete the sentence, "Whether a person is `in custody' for purposes of Miranda is essentially a question of fact reviewed for clear error." Replace with: Whether a person is ...

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