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U.S. v. KIM

Nos. 01-50472, 01-50543.

317 F.3d 917 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Jae Gab KIM, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. John Edward Stoll, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2002.

Amended February 4, 2003.

Attorney(s) appearing for the Case

Miriam A. Krinsky and Becky S. Walker, Assistant United States Attorneys, Los Angeles, California, for the plaintiff-appellant.

Maria E. Stratton, Federal Pubic Defender, James H. Locklin, Deputy Federal Public Defender, Los Angeles, California, for defendant-appellee Stoll.

William J. Genego, Esq., Santa Monica, California, for defendant-appellee Kim.

Before NOONAN, WARDLAW and BERZON, Circuit Judges.

ORDER

The opinion filed on August 5, 2002 is amended as follows:

Slip Opinion, p. 11152, ¶ 3, Eliminate the entire paragraph

and replace as follows: We do note that the Rules say that they "do not extend or limit the jurisdiction of the courts of appeals." Fed.R.App.P. 1(b).1 We also note that, although we have said in dicta that § 3731 was not jurisdictional, United States v. Humphries,

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