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U.S. v. MIX

No. 05-10088.

450 F.3d 375 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Tony MIX, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2006.

Amended Opinion Filed June 8, 2006.

Attorney(s) appearing for the Case

Tonya J. McMath, Phoenix, AZ, for the defendant-appellant.

Linda C. Boone, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

Before ARTHUR L. ALARCÓN and M. MARGARET McKEOWN, Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.

ORDER AMENDING OPINION AND AMENDED OPINION

ALARCÓN, Circuit Judge.

ORDER

We hereby recall the mandate. The court's opinion, filed March 30, 2006, is amended as follows:

Footnote 2 at slip op. 3586 that reads: Pursuant to 18 U.S.C. § 3742(f)(1), guideline sentences are reviewed for violations of law and incorrect application of the Guidelines, not reasonableness. Pursuant to § 3742(f)(2), departures from the Guidelines are...

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