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U.S. v. KING

Nos. 99-10478, 01-10720.

419 F.3d 1035 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Norman Anthony KING, aka Norm King; aka Norman August Klause, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 16, 2005.

Attorney(s) appearing for the Case

Nandor Vadas, Asst. U.S. Atty., Office of the U.S. Attorney, San Francisco, CA, Amber S. Rosen, Office of the U.S. Attorney, San Jose, CA, for Plaintiff-Appellee.

Roger W. Patton, Oakland, CA, Haywood S. Gilliam, Jr., Office of the U.S. Attorney, San Francisco, CA, Suzanne Adele Luban, Law Office of Suzanne Luban, Oakland, CA, for Defendant-Appellant.

Before GRABER, FISHER and BERZON, Circuit Judges.

ORDER

In this case, we affirmed the judgment of conviction on December 23, 2002. The mandate issued on March 11, 2003. The Supreme Court denied certiorari on June 2, 2003. On August 9, 2004, defendant-appellant King filed a pro se motion "requesting amendment to [the] mandate and remand for resentencing" in light of the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We construe

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