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U.S. v. REYNARD

No. 02-50476.

473 F.3d 1008 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. John G. REYNARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted December 14, 2004.

Submission Vacated and Deferred January 4, 2006.

Resubmitted July 12, 2006.

Filed January 12, 2007.

Attorney(s) appearing for the Case

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, attorney for the defendant-appellant.

Mark R. Rehe, Assistant United States Attorney, San Diego, CA, attorney for the plaintiff-appellee.

Before HARRY PREGERSON, A. WALLACE TASHIMA, and RICHARD R. CLIFTON, Circuit Judges.

PREGERSON, J., delivered the opinion of the Court as to Parts I through II(D), in which TASHIMA and CLIFTON, JJ., joined. CLIFTON, J., delivered the opinion of the Court as to Part II(E), in which TASHIMA, J., joined.

PREGERSON, J., filed a dissenting opinion as to Part II(E) and dissents from the judgment.

PREGERSON, Circuit Judge, with whom TASHIMA and CLIFTON, Circuit Judges, join.

Appellant John G. Reynard seeks review of the district court's decision...

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