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U.S. v. MARTINEZ-RODRIGUEZ

No. 05-50719.

472 F.3d 1087 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. David MARTINEZ-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2006.

Amended January 3, 2007.

Attorney(s) appearing for the Case

Stephen D. Demik, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant David Martinez-Rodriguez.

L. Marcel Stewart, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee United States of America.

Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

GOULD, Circuit Judge.

ORDER

The government's request to publish paragraph three of the memorandum disposition is GRANTED, and the panel has decided to publish also paragraph four of the memorandum disposition.

The opinion filed November 21, 2006 is hereby amended as follows:

On slip opinion page 18681, lines 2-3, remove "Martinez challenges his sentence on two grounds" and replace that...

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