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U.S. v. McCARTY

No. 09-10504.

648 F.3d 820 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Simon Jasper McCARTY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2011.

As Amended September 9, 2011.

Attorney(s) appearing for the Case

Vijay Shanker , (argued) and David E. Hollar , (briefed), United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

William A. Harrison (argued and briefed), Davies Pacific Center, Honolulu, HI, for the defendant-appellee.

Before: MICHAEL DALY HAWKINS, M. MARGARET McKEOWN and JOHNNIE B. RAWLINSON, Circuit Judges.

ORDER

The government's Motion to Amend footnote 6 in the Opinion that is cited at 2011 WL 3319428 (9th Cir. August 3, 2011) is granted, but only for the limited purpose of amending the third sentence of footnote 6 to read: "On appeal, the government did not contend this search of the second bag was a lawful administrative search or contest suppression of any evidence found therein on a basis independent of its main arguement."

No subsequent petitions for...

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