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U.S. v. ROSAS

Nos. 09-10011, 09-10013.

615 F.3d 1058 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel ROSAS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Miguel Angel Rosas, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2010.

Amended August 16, 2010.

Attorney(s) appearing for the Case

Christina M. Cabanillas, Assistant United States Attorney for the District of Arizona, argued the cause for the appellee and was on the briefs. Elizabeth Adair Strange, Assistant United States Attorney for the District of Arizona, filed the briefs. Diane J. Humetewa, United States Attorney for the District of Arizona, also was on the briefs.

Stanton Bloom, of Tucson, AZ, argued the cause for the defendant-appellant and filed the briefs.

Before BETTY B. FLETCHER, SIDNEY R. THOMAS, and N. RANDY SMITH, Circuit Judges.

ORDER

The Opinion filed July 27, 2010, is amended as follows:

1. On slip Opinion page 10811, line 4-5, please replace <we now must determine whether the district court abused its discretion when it found that Rosas was not a minor participant in the crime.> with <we now must determine whether the district court's finding that Rosas was not a minor participant was clearly erroneous.>

2. On slip Opinion page 10812, line 7-8, please...

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