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U.S. v. CORTEZ-ARIAS

No. 04-10184.

415 F.3d 977 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Emilio CORTEZ-ARIAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2005.

Amended July 14, 2005.

Attorney(s) appearing for the Case

Robert B. Walker, Carson City, NV, for the appellant.

Daniel G. Bogden, United States Attorney, and Robert Don Gifford, Assistant United States Attorney, Reno, NV, for the appellee.

Before D.W. NELSON, KLEINFELD, and GOULD, Circuit Judges.

ORDER

The opinion filed on April 18, 2005 and published at 403 F.3d 1111, is AMENDED as follows.

Footnote 8 states:

Because the sentencing enhancement we address is based only on the fact of a prior conviction, our decision is unaffected by the Supreme Court's recent holding in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Moreno-Hernandez,

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