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UNITED STATES v. SHUMATE

No. 01-50610

341 F.3d 852 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Lynn Shumate, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2003.

Amended August 25, 2003.

Attorney(s) appearing for the Case

Siri Shetty, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Mi Yung Claire Park, Assistant U.S. Attorney; Pennie M. Carlos, Assistant U.S. Attorney (argued), United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before BEEZER, FERNANDEZ, and PAEZ, Circuit Judges.

ORDER

The opinion in this case, which appears at slip op. 6649 (9th Cir.2003),1 is hereby amended as follows: the sentence commencing on the first line of slip op. 66572 is hereby amended to read: "In other words, solicitation may be included in the definition of the predicate offense for the purposes of § 4B1.1.5"

With the above amendment, the panel...

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