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U.S. v. BENALLY

No. 14-10452.

843 F.3d 350 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Arviso BENALLY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2016.

Amended November 7, 2016.

Attorney(s) appearing for the Case

Daniel L. Kaplan (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Defendant-Appellant.

Karla Delord (argued), Assistant United States Attorney; Krissa M. Lanham , Deputy Appellate Chief; John S. Leonardo , United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Plaintiff-Appellee.

Before: Dorothy W. Nelson, John T. Noonan, and Diarmuid F. O'Scannlain, Circuit Judges.

ORDER

The opinion filed on August 1, 2016 is amended as follows:

Replace the portion of the opinion that runs from the second paragraph of page 9 of the slip opinion (beginning <Leocal explicitly leaves open the question whether... >) through the end of the penultimate paragraph on page 10 (which ends < ... and is no longer good law.>) with:

<After Leocal, we held that "neither recklessness nor gross negligence is...

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