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UNITED STATES v. GRIMALDO

No. 19-50151.

993 F.3d 1077 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel GRIMALDO, aka Manuel Cuevas, aka Manuel Grinaldo Cuevas, aka Manuel Grimaldo, Jr., aka Manuel Cuevas Grimaldo, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2021.

Amended April 12, 2021.

Attorney(s) appearing for the Case

Devin Burstein (argued), Warren & Burstein, San Diego, California, for Defendant-Appellant.

Daniel S. Lim (argued) and Bram M. Alden , Assistant United States Attorneys; Brandon D. Fox , Chief, Criminal Division; Tracy L. Wilkison , Acting United States Attorney; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellee.

Before: Milan D. Smith, Jr. and Kenneth K. Lee, Circuit Judges, and Kathleen Cardone, District Judge.

ORDER

Appellee's petition for rehearing (Dkt. No. 50) is GRANTED. The Opinion filed on January 7, 2021, is amended as follows:

On slip opinion page 7, lines 12-14, modify: <The district court plainly erred by failing to determine whether Grimaldo used the gun "in furtherance" of his methamphetamine possession,> to: <The district court plainly erred by failing to determine whether Grimaldo used or possessed the gun "in connection with...

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