U.S. v. PEARSON

No. 01-50148.

321 F.3d 790 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Dale PEARSON, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2002.

Amended February 26, 2003.


Attorney(s) appearing for the Case

James H. Locklin, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Ronald L. Chen, Assistant United States Attorney, Nancy B. Spiegel, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before NOONAN, WARDLAW and BERZON, Circuit Judges.


ORDER

The opinion filed on December 16, 2002 [312 F.3d 1287], is amended as follows:

At 312 F.3d at 1289, before "AFFIRMED", insert the following paragraph:

Pearson urges us to apply the rule of lenity. Lenity cannot be invoked merely because a different reading of the statute is possible. The rule of lenity may apply only when a statute remains ambiguous after resort...

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