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U.S. v. VALENCIA-BARRAGAN

No. 09-50018.

608 F.3d 1103 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jose VALENCIA-BARRAGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2010.

Amended June 22, 2010.

Attorney(s) appearing for the Case

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

David P. Curnow, Steve Miller (argued), Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee.

Before ALFRED T. GOODWIN, WILLIAM C. CANBY, JR. and RAYMOND C. FISHER, Circuit Judges.

ORDER

The opinion filed April 6, 2010, is amended, and the amended opinion is filed concurrently with this order.

With the filing of the amended opinion, the panel has voted unanimously to deny both petitions for rehearing. Judge Fisher voted to deny the appellant's petition for rehearing en banc, and Judges Goodwin and Canby recommended denial.

The full court has been advised of the petition for rehearing en banc and no active judge has requested...

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