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U.S. v. RIVERA-GOMEZ

No. 08-10480.

634 F.3d 507 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Uriel RIVERA-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2010.

Amended February 2, 2011.

Attorney(s) appearing for the Case

Daniel J. Broderick , Federal Defender, and Douglas J. Beevers , Assistant Federal Defender, Fresno, CA, for the defendant-appellant Rivera-Gomez.

Lawrence G. Brown , United States Attorney, and Ian L. Garriques , Assistant United States Attorney, Fresno, CA, for plaintiff-appellee the United States.

Before: ALFRED T. GOODWIN, MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges.

ORDER

The opinion filed on December 6, 2010 and published at 626 F.3d 1129, is amended as follows.

The text in footnote 9 appearing on page 1136 should be deleted and replaced with the following language:

Though the concurrence observes that the district court's error may have been harmless, the district court has not made findings regarding Rivera-Gomez's intent or calculated potential upward adjustments relating...

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