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UNITED STATES v. BASTIDE-HERNANDEZ

No. 19-30006.

3 F.4th 1193 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Carlos BASTIDE-HERNANDEZ, AKA Jesus Chavez-Gongoria, AKA Domingo Chavez-Lopez, AKA Francisco Soto Hernandez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2021.

Attorney(s) appearing for the Case

Richard C. Burson (argued), Assistant United States Attorney; Joseph H. Harrington , Acting United States Attorney; United States Attorney's Office, Yakima, Washington; for Plaintiff-Appellant.

Paul E. Shelton (argued), Federal Defenders of Eastern Washington, Yakima, Washington, for Defendant-Appellee.

Concurrence by Judge Milan D. Smith, Jr.

ORDER

The opinion and dissent filed on February 2, 2021, and published at 986 F.3d 1245 (9th Cir. 2021) are withdrawn. A new opinion and concurrence in the judgment are filed concurrently with this order. Accordingly, Defendant-Appellee's petition for rehearing en banc filed on March 2, 2021, is DENIED as moot. [Dkt No. 55]. Subsequent petitions for rehearing and petitions for rehearing en banc may be...

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