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CARRINGTON v. U.S.

Nos. 05-36143, 05-36144.

503 F.3d 888 (2007)

Craig Anthony CARRINGTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Robert Charles Tillitz, Petitioner-Appellant, v. United States of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2007.

Attorney(s) appearing for the Case

Russell V. Leonard, Assistant Federal Public Defender, Tacoma, WA, for petitioner-appellant Robert Charles Tillitz.

Carol A. Elewski, Tumwater, WA, for petitioner-appellant Craig Anthony Carrington.

Helen J. Brunner, Assistant United States Attorney, Seattle, WA, for the respondent-appellee.

Before: HARRY PREGERSON, JOHN T. NOONAN, and CONSUELO M. CALLAHAN, Circuit Judges.

Opinion by Judge CALLAHAN; Concurrence by Judge NOONAN; Partial Concurrence and Partial Dissent by Judge PREGERSON.

ORDER

The opinion filed on December 13, 2006, is hereby withdrawn. A Superseding Opinion is filed simultaneously with this order.

OPINION

CALLAHAN, Circuit Judge:

In these sentencing cases Robert Tillitz and Craig Carrington (petitioners) assert a number of creative arguments in an attempt to have their final sentences...

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