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U.S. v. ENSLIN

No. 02-50087.

327 F.3d 788 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Der ENSLIN, aka Bobby De Enslin, Bobby Enslin D, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2003.

Amended April 24, 2003.

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 (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Jill L. Burkhardt, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Jill Burkhardt, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: D.W. NELSON and T.G. NELSON, Circuit Judges, and SCHWARZER, District Judge.

ORDER

The Opinion filed January 13, 2003, slip op. 331, and appearing at 315 F.3d 1205, is amended as follows:

1. At slip op. 344 [315 F.3d at 1213], line 4, insert the following footnote after "During their search,":

The officers had lawful consent to search the entire house to look for a dangerous fugitive for whom they had an arrest warrant. They had not yet completed their search. Thus, the officers were lawfully...

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