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U.S. v. AMELINE

No. 02-30326.

400 F.3d 646 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Arnold AMELINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed July 21, 2004.

Rehearing Granted and Opinion Withdrawn February 9, 2005.

Opinion on Rehearing Filed February 9, 2005.

Filed February 9, 2005.

As Amended February 10, 2005.

Attorney(s) appearing for the Case

Brian P. Fay, Angel, Coil & Bartlett, Bozeman, MT, for the appellant.

William W. Mercer, United States Attorney, and Lori Harper Suek, Assistant United States Attorney, Great Falls, MT; Michael A. Rotker, Attorney, United States Department of Justice, Washington, D.C., for the appellee.

David M. Porter, Sacramento, CA, for Amicus National Ass'n of Criminal Defense Lawyers.

Before WARDLAW, GOULD, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge:

In light of the Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, ___ L.Ed.2d ___ (2005), we granted appellant Alfred Ameline's petition for rehearing to reconsider our decision in United States v. Ameline, 376 F.3d 967 (9th Cir.2004). In our original opinion, we held that, because Ameline's sentence under the United States Sentencing Guidelines was based on...

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