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U.S. v. JAE GAB KIM

No. 05-50112.

449 F.3d 933 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. JAE GAB KIM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2006.

Amended May 25, 2006.

Attorney(s) appearing for the Case

William J. Genego, Esq., Santa Monica, CA, argued the case and was on the briefs for the defendant-appellant.

Gregory A. Lesser, Assistant U.S. Attorney, Los Angeles, CA, argued the case and was on the briefs for the plaintiff-appellee; Debra Wong Yang, U.S. Attorney and Thomas P. O'Brien, Assistant U.S. Attorney, Los Angeles, CA, were on the briefs for the plaintiff-appellee.

Before M. MARGARET McKEOWN and MARSHA S. BERZON, Circuit Judges, and SAMUEL P. KING, Senior Judge.

ORDER AND AMENDED OPINION

BERZON, Circuit Judge.

ORDER

The opinion filed on April 10, 2006, is amended as follows:

On slip opinion page 3929, line 9, beginning with "Over-the-counter sales . . ." and ending line 12 with "from `regulated transactions.'" delete and replace with the following:

Over-the-counter sales of pseudoephedrine that are not "ordinary," however, may be regulated transactions, because they are not necessarily...

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