No. 22-10044.

83 F.4th 1124 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua William SCHEU, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2023.

Amended October 6, 2023.

Attorney(s) appearing for the Case

J. Ryan Moore (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Federal Public Defender's Office, Tucson, Arizona; for Defendant-Appellant.

Shelley K.G. Clemens (argued) and Corey J. Mantei , Assistant United States Attorneys; Christina M. Cabanillas , Deputy Appellate Chief; Gary M. Restaino , United States Attorney; United States Attorney's Office, Tucson, Arizona; for Plaintiff-Appellee.

Opinion by Judge Hawkins


The Opinion filed on August 2, 2023, is replaced by the attached Amended Opinion.

The petition for panel rehearing is denied. No further petitions for rehearing will be accepted.


Defendant Joshua William Scheu appeals his sentence following a guilty plea to two counts...

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