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U.S. v. NOSTER

No. 07-50391.

590 F.3d 624 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. John Leon NOSTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed July 15, 2009.

Amended December 28, 2009.

Attorney(s) appearing for the Case

Sean K. Kennedy, Federal Public Defender, and Davina T. Chen, Assistant Federal Public Defender, for the defendant-appellant.

Thomas P. O'Brien, United States Attorney for the Central District of California, and Craig H. Missakian, Assistant United States Attorney, for the plaintiff-appellee.

Opinion by Judge CALLAHAN; Dissent by Judge SHADUR.

ORDER AND AMENDED OPINION

ORDER

The opinion filed July 15, 2009, and published at 573 F.3d 664, is hereby amended. The amended opinion is filed concurrently with this order. The panel will entertain any petitions for rehearing or rehearing en banc that are filed in accordance with the applicable rules.

OPINION

CALLAHAN, Circuit Judge:

John Leon Noster ("Noster") pled guilty to two counts of possessing...

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