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U.S. v. PHILLIPS

Nos. 02-30035, 02-30046.

367 F.3d 846 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. David PHILLIPS, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. David Phillips, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 2004.

Amended May 6, 2004.

Attorney(s) appearing for the Case

Michael J. Sherwood, Michael J. Sherwood, P.C., Missoula, MT, for the defendant-appellant-cross-appellee.

Thomas L. Sansonetti, William W. Mercer, and Kris A. McLean, U.S. Attorney's Office, Missoula, MT; Linda Kato, Environmental Protection Agency, Denver, CO; and Todd Aagaard and Stephanie Tai, Department of Justice, Washington, DC, for the plaintiff-appellee-cross-appellant.

Before: BRUNETTI, T.G. NELSON, and RAWLINSON, Circuit Judges.

ORDER

The opinion filed on January 28, 2004, and cited at 356 F.3d 1086 (9th Cir.2004), is amended as follows:

1. Pages 1100-01, paragraph beginning "Phillips' prior state prosecution," second sentence should read:

In contrast to the defendants in Koon, [73] who endured a full trial, Phillips endured merely a post-indictment, pre-prosecution negotiation in which he agreed to pay a fine. The state agreed not...

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