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U.S. v. ROSENTHAL

Nos. 03-10307, 03-10370.

454 F.3d 943 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Edward ROSENTHAL, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Edward Rosenthal, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2006.

Amended July 19, 2006.

Attorney(s) appearing for the Case

Dennis P. Riordan, Donald M. Horgan, and Joseph D. Elford, San Francisco, CA, for the appellant.

Amber S. Rosen, George L. Bevan, Jr., Hannah Horsley, and Kevin V. Ryan, U.S. Attorney's Office, San Jose, CA, for the appellee.

Before BETTY B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.

ORDER AND AMENDED OPINION

BETTY B. FLETCHER, Circuit Judge.

ORDER

The panel, with the following amendments, has voted to deny the petitions for rehearing filed by Edward Rosenthal and the Government; Judge Berzon voted to deny Rosenthal's petition for rehearing en banc and Judges B. Fletcher and Gibson so recommend. The panel has granted the government all relief it requested, and it has granted in part the relief Rosenthal requested.

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