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U.S. v. WITHERS

Nos. 05-56795, 08-55096.

638 F.3d 1055 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michel WITHERS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michel Withers, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2010.

Amended January 3, 2011.

Attorney(s) appearing for the Case

Jennifer Yihyun Chou , Assistant United States Attorney, General Crimes Section, Los Angeles, CA, for the plaintiff-appellee.

Verna Jean Wefald , Pasadena, CA, for the defendant-appellant.

Opinion by Judge PREGERSON; Dissent by Judge NOONAN.

ORDER

In response to a petition for panel rehearing from Plaintiff-Appellee United States of America, the majority opinion filed August 19, 2010, slip op. 12207, and appearing at 618 F.3d 1008 (9th Cir.2010), is hereby amended as follows:

At slip op. at 12220, line 31 [618 F.3d at 1017], after the sentence "Because the district court did not order the government to respond to Withers's motion, the government never raised...

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