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U.S. v. ANKENY

No. 05-30457.

502 F.3d 829 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Kelly David ANKENY, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Resubmitted June 5, 2007.

Filed June 19, 2007.

Amended September 5, 2007.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for the defendant-appellant.

Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice, Washington, DC, for the plaintiff-appellee.

Opinion by Judge GRABER; Dissent by Judge REINHARDT.

ORDER

The government's request for clarification is GRANTED. The opinion filed on June 19, 2007, is amended as follows:

On slip opinion page 7239 (490 F.3d 744, 756), replace the last sentence of footnote 7 with:

We need not decide whether the amendment applies retroactively, though, because the government — despite later assertions to the contrary — never...

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