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U.S. v. KELLEY

No. 05-10547.

482 F.3d 1047 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth KELLEY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 1, 2007.

Amended April 9, 2007.

Attorney(s) appearing for the Case

Amber S. Rosen, Assistant United States Attorney, San Jose, CA, for the plaintiff-appellant.

Elizabeth M. Falk, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellee.

Before SANDRA DAY O'CONNOR, Associate Justice (Ret.), PAMELA ANN RYMER, and SIDNEY R. THOMAS, Circuit Judges.

ORDER AMENDING OPINION AND GRANTING APPELLANT'S MOTION FOR CLARIFICATION AND AMENDED OPINION

RYMER, Circuit Judge.

ORDER

The opinion in this case, which appears at slip op. 2285, 2007 WL 6109741 (9th Cir. March 1, 2007), is hereby amended as follows: the first paragraph of section III beginning at slip op. 2293, 2007 WL 610974 is hereby amended to read: "Kelley argues, and the government does not seriously dispute, that...

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