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U.S. v. BACKLUND

Nos. 10-30264, 10-30289.

689 F.3d 986 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Michael BACKLUND, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. David D. Everist, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2012.

Amended July 31, 2012.

Attorney(s) appearing for the Case

James L. Buchal , Murphy & Buchal LLP, Portland, OR, for appellant, Michael Backlund.

Steven J. Sherlag , Portland, OR, for appellant, David Everist.

Dwight C. Holton , United States Attorney; Neil J. Evans (argued), Assistant U.S. Attorney, Portland, OR; Ignacia S. Moreno , Assistant Attorney General; Allen M. Brabender , Washington, DC, for the appellee.

Before: RAYMOND C. FISHER, RICHARD A. PAEZ and RICHARD R. CLIFTON, Circuit Judges.

ORDER

The opinion filed April 26, 2012 and appearing at 677 F.3d 930 (9th Cir.2012), is AMENDED as follows:

1. At page 4441 of the slip opinion (677 F.3d at 944), the following sentence is deleted: The government, however, can mitigate this potential for delay by promptly initiating enforcement actions and defending the agency decision in those proceedings. and replaced with: The...

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