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U.S. v. PLANCARTE-ALVAREZ

Nos. 03-50062, 03-50121.

449 F.3d 1059 (2006)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Alvaro PLANCARTE-ALVAREZ, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted May 11, 2004.

Filed June 6, 2006.

Attorney(s) appearing for the Case

Benjamin L. Coleman and Gerald Singleton, San Diego, CA, for the defendant-appellant-cross-appellee.

David P. Curnow, Assistant United States Attorney, Criminal Division, San Diego, CA, for the plaintiff-appellee-cross-appellant.

Before JAMES R. BROWNING, DAVID R. THOMPSON, and KIM McLANE WARDLAW, Circuit Judges.

ORDER AMENDING OPINION

ORDER

Alvaro Plancarte-Alvarez has filed a petition for panel rehearing and petition for rehearing en banc. We issued an order on August 13, 2004 deferring decision on the petitions pending the Supreme Court's decision in United States v. Booker, No. 04-104, and United States v. Fanfan, No. 04-105. Following issuance of the Supreme Court's opinion in United States v. Booker, 543 U.S. 220

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