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U.S. v. DAVIS

No. 04-50030.

428 F.3d 802 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford A. DAVIS, M.D., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2005.

Amended November 2, 2005.

Attorney(s) appearing for the Case

Randy S. Kravis, Studio City, CA, for the defendant-appellant.

Ronald L. Cheng, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before GRABER and CALLAHAN, Circuit Judges, and BREYER, District Judge.

Opinion by District Judge BREYER; Partial Dissent by Judge CALLAHAN,

ORDER

The opinion filed on June 9, 2005, slip op. 6753, and appearing at 410 F.3d 1122 (9th Cir.2005), is replaced by the amended opinion and dissent filed concurrently with this order.

Petitions for rehearing or for rehearing en banc may be filed.

OPINION

BREYER, District Judge.

We must decide whether a district court...

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