U.S. v. HERNANDEZ

No. 02-50155.

322 F.3d 592 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Benito HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2002.

Amended March 5, 2003.


Attorney(s) appearing for the Case

Todd W. Burns, Federal Public Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney General (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Bruce R. Castetter (on the brief), Assistant United States Attorney, Roger W. Haines, Jr. (argued), Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: CANBY, GOULD and BERZON, Circuit Judges.


Opinion by Judge GOULD; Concurrence by Judge BERZON.

ORDER

The opinion, filed December 30, 2002, is AMENDED as follows (the page and line references are to the slip opinion):

Page 15, line 12 [314 F.3d 430, 438]: Following the sentence "It was proper for us to use the canon of constitutional avoidance in Buckland." add:

Hernandez, however, specifically points to the language in Harris rejecting...

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