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U.S. v. SIGMOND-BALLESTEROS

No. 00-50408.

285 F.3d 1117 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan SIGMOND-BALLESTEROS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2001.

Opinion Withdrawn and Amended Opinion Filed April 12, 2002.

Attorney(s) appearing for the Case

Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, and Mark A. Inciong, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before FERGUSON, TASHIMA, and FISHER, Circuit Judges.

ORDER

The opinion filed on April 20, 2001, and reported at 247 F.3d 943, is withdrawn and replaced by the amended opinion filed concurrently with this order. With these amendments, the petition for panel rehearing is denied.

OPINION

TASHIMA, Circuit Judge.

I.

On January 27, 2000, United States Border Patrol Agent James Wright ("Wright"), in his 1998...

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