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U.S. v. HARDY

No. 01-50328.

289 F.3d 608 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. William Bernard HARDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2002.

Amended April 26, 2002.

Attorney(s) appearing for the Case

Thomas P. O'Brien, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Kathryn A. Young, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Before: BEEZER and WARDLAW, Circuit Judges, and SCHWARZER, District Judge.

ORDER

The mandate issued February 26, 2002 is hereby recalled for the purpose of amending the opinion. The opinion filed February 4, 2002 is hereby amended as follows:

At slip opinion page 1768, ¶ 1, at the end of the sentence reading "Had the court valued loss ... and a lower sentencing range," add a new footnote 3:

If each "Titan A.E." DVD is valued at one and twelve hundredths of a cent less than the suggested retail price, the total loss...

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