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U.S. v. SHWAYDER

Nos. 01-10156, 01-10176 and 01-10186.

320 F.3d 889 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Keith SHWAYDER, Michael G. Swan, and Kevin Orton, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Opinion Filed December 5, 2002.

Amended February 24, 2003.

Attorney(s) appearing for the Case

John D. Cline, Freedman, Boyd, Daniels, Hollander, Goldberg & Cline P.A., Albuquerque, NM; Alan Ellis and Karen Landau, Law Offices of Alan Ellis, Sausalito, CA; Douglass A. Mitchell, Dickerson, Dickerson, Consul & Pocker, Las Vegas, NV, for the defendants-appellants.

J. Gregory Damm and Bruce M. Bettigole, Office of the United States Attorney, Las Vegas, NV, and Kirby A. Heller, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: HUG and BERZON, Circuit Judges, and LASNIK, District Judge.

ORDER

The opinion of this court in the above-captioned case issued December 5, 2002 (312 F.3d 1109), is amended as follows:

Slip Op. page 19, lines 11-23 [312 F.3d at 1109-20], change:

"There was one fact not available from an independent source — that Swan had lied to Schlie during his prior representation. It is difficult, however, to characterize Schlie's failure to mention this fact as an adverse effect...

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