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U.S. v. ELLIOT

No. 04-10571.

463 F.3d 858 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Basho ELLIOT, a.k.a. Bosch Elliot, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2006.

Amended August 28, 2006.

Attorney(s) appearing for the Case

Joseph T. Vodnoy (argued) and Joseph F. Walsh, Los Angeles, California, for the defendant-appellant.

Edward H. Kubo, Jr., U.S. Attorney, and Beverly Wee Sameshima, Assistant U.S. Attorney (argued), Honolulu, Hawaii, for the plaintiff-appellee.

Before MYRON H. BRIGHT, M. MARGARET McKEOWN, and RICHARD R. CLIFTON, Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

CLIFTON, Circuit Judge.

ORDER

The opinion filed on April 18, 2006, is amended as follows:

Slip op. at 4369, after first full paragraph (after the third full paragraph on 444 F.3d at 1194), before the paragraph which begins "Under these circumstances . . .," add two new paragraphs:

Elliot argues now that Hevia could not have been persuaded to waive his rights, that Hevia's testimony was...

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