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U.S. v. HARRISON

No. 08-10391.

585 F.3d 1155 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Rex T. HARRISON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2009.

Amended October 9, 2009.

Attorney(s) appearing for the Case

Edward H. Kubo, Jr., United States Attorney; Lawrence L. Tong, Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee the United States of America.

Peter C. Wolff, Jr., Office of the Federal Public Defender, Honolulu, HI, for defendant-appellant Rex T. Harrison.

Before: ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

Opinion by Chief Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge BYBEE.

ORDER

The opinion is amended to replace the first two sentences of the first full paragraph on page 11321 of the slip opinion with the following:

<Although the evidence under count 2 would have been sufficient to support the jury's verdict, had the jury been properly instructed, it was ambiguous. Officer Kirby testified...

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