U.S. v. ARNOLD

No. 06-50581.

533 F.3d 1003 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Timothy ARNOLD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2008.

Amended July 10, 2008.


Attorney(s) appearing for the Case

Steve Kim, Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA, argued the cause for the plaintiff-appellant and filed briefs; George S. Cardona, United States Attorney, and Thomas P. O'Brien, Assistant United States Attorney, Chief, Criminal Division, Los Angeles, CA, were on the briefs.

Marilyn E. Bednarski, Kaye, McLane, & Bednarski, LLP, Pasadena, California, argued the cause for the defendant-appellee and filed a brief; Kevin Lahue, Kaye, McLane, & Bednarski, LLP, Pasadena, CA, was on the brief.

Before: DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL W. MOSMAN, District Judge.


ORDER

The opinion filed April 21, 2008, is amended as follows:

1. At 523 F.3d 941, 946 n. 1 (9th Cir. 2008), in the first sentence replace "incoming" with "outgoing." With the foregoing amendment, the panel has unanimously voted to deny the petition for rehearing. Judge O'Scannlain and Judge M. Smith, Jr., vote to deny the petition for rehearing en banc and Judge Mosman...

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