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UNITED STATES v. SMITH

No. 03-30533.

405 F.3d 726 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Dean SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2004.

Amended April 27, 2005.

Attorney(s) appearing for the Case

Craig E. Weinerman, Assistant Federal Public Defender, Eugene, Oregon, for the defendant-appellant.

Frank R. Papagni, Jr., Assistant United States Attorney, Eugene, Oregon, for the plaintiff-appellee.

Before: WALLACE, GOULD and BEA, Circuit Judges.

ORDER

The court's opinion filed December 3, 2004, slip op. 16459, and appearing at 390 F.3d 661 (9th Cir.2004), is hereby amended as follows:

1. Line seven on slip op. 16467, after citation to Bonat, 106 F.3d at 1477, insert: "The Supreme Court has recently approved the use of a plea colloquy transcript. See Shepard v. United States, 544 U.S. ___, 125 S.Ct. 1254, 1255, ___ L.Ed.2d ___ (2005)." 2...

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