No. 19-30222.

60 F.4th 1232 (2023)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Antonio GONZALEZ-VALENCIA, aka Jose Antonio Valencia Gonzalez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 28, 2023.

Attorney(s) appearing for the Case

Richard C. Burson (argued), Assistant United States Attorney; William D. Hyslop , United States Attorney; Office of the United States Attorney; Yakima, Washington; for Plaintiff-Appellant.

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

Before: Danny J. Boggs, Milan D. Smith, Jr., and Mark J. Bennett, Circuit Judges.


In light of the intervening en banc decision in United States v. Bastide-Hernandez, 39 F.4th 1187 (9th Cir. 2022) (en banc), cert. denied, No. 22-6281, ___ U.S. ___, 143 S.Ct. 755, ___ L.Ed.2d ___ (U.S. Jan. 23, 2023), we vacate our opinion in United States v. Gonzalez-Valencia, 3 F.4th 1208 (9th Cir. 2021), reverse the district court's dismissal of the indictment, and remand for proceedings consistent with Bastide-Hernandez.

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