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U.S. v. MORENO-HERNANDEZ

No. 03-30387.

419 F.3d 906 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Isidro MORENO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn September 28, 2004.

Resubmitted February 18, 2005.

Filed February 18, 2005.

Amended July 5, 2005.

Second Amendment August 17, 2005.

Attorney(s) appearing for the Case

Robert M. Stone, Medford, OR, for the defendant-appellant.

Karin J. Immergut, United States Attorney, District of Oregon, and Robert G. Thomson (argued), Assistant United States Attorney, Medford, OR, for the plaintiff-appellee.

Before WALLACE, GOULD, and BERZON, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The mandate issued on July 13, 2005 is recalled for the purpose of amending the opinion as follows:

The amended opinion filed July 5, 2005, slip op. 7773, appearing at 2005 WL 1560269 (9th Cir. July 5, 2005), is amended as follows:

1) Slip op. at 7793 (2005 WL 1560269, at *9): The first sentence of the third full paragraph, beginning "We conclude that a limited...

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