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U.S. v. RIVAS-GONZALEZ

No. 03-30167.

384 F.3d 1034 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Ernesto RIVAS-GONZALEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 22, 2004.

Amended September 27, 2004.

Attorney(s) appearing for the Case

William Mercer (argued), United States Attorney, Billings, Montana, for the plaintiff-appellant.

Melissa Harrison (argued), Assistant Federal Defender, David Avery, Research Attorney, Federal Defenders of Montana, Missoula, Montana, for the defendant-appellee.

Before: KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

ORDER

The Opinion filed April 22, 2004, and found at 365 F.3d 806, is hereby amended as follows:

(1) We delete the last paragraph reading:

Having concluded that the district court erred when it departed downward based on cultural assimilation, we do not reach or address the district court's second ground for departure, based on family ties, and we express no view on whether and to what extent the departure might...

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