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U.S. v. GONZALES

No. 04-30007.

506 F.3d 940 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Emilio GONZALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2007.

Attorney(s) appearing for the Case

Elizabeth A. Olsen, Attorney, United States Department of Justice, Washington, DC, for the plaintiff-appellee.

Tracy Staab and Rebecca L. Pennell, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the defendant-appellant.

Before: MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, HAWKINS, SIDNEY R. THOMAS, M. MARGARET McKEOWN, KIM McLANE WARDLAW, W. FLETCHER, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CARLOS T. BEA, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.

Opiniopn by Judge WARDLAW; Partial Concurrence and Partial Dissent by Judge IKUTA.

WARDLAW, Circuit Judge, with whom Chief Judge SCHROEDER, Judges PREGERSON, HAWKINS, THOMAS, McKEOWN, W. FLETCHER, GOULD, PAEZ, BERZON, RAWLINSON, and MILAN D. SMITH, JR., join, and with whom Judges BYBEE, BEA, and IKUTA join as to Part V:

The three-judge panel that originally heard this appeal on July 24, 2006, issued a sua sponte call...

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