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U.S. v. AUGUILA-MONTES

No. 05-50170.

553 F.3d 1229 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo AGUILA-MONTES de OCA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted February 29, 2008.

Filed January 20, 2009.

Attorney(s) appearing for the Case

Vincent J. Brunkow, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the Defendant-Appellant.

Steven E. Stone, Assistant United States Attorney, San Diego, CA, for the Plaintiff-Appellee.

Before DAVID R. THOMPSON, THOMAS G. NELSON, and RONALD M. GOULD, Circuit Judges.

ORDER

The defendant-appellant's petition for rehearing, filed May 27, 2008, is GRANTED.

Judge Gould dissents and would deny the petition for rehearing.

The Opinion previously filed April 28, 2008, and published at 523 F.3d 1071, is withdrawn, and the Opinion filed with this Order is filed in its stead.

OPINION

THOMPSON, Senior Circuit Judge:

Guillermo Aguila-Montes De Oca ("Aguila-Montes...

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