USA v. Rodriquez

Filing 920080707


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee/CrossAppellant, v. GINO GONZAGA RODRIQUEZ, Defendant-Appellant/CrossAppellee. Nos. 04-30397 04-30494 D.C. No. CR-03-00142RHW Eastern District of Washington, Spokane ORDER On Remand from the United States Supreme Court Filed July 7, 2008 Before: Johnnie B. Rawlinson and Richard R. Clifton, Circuit Judges, and Consuelo Marshall,* District Judge. ORDER This case is hereby resubmitted. Pursuant to the judgment of the United States Supreme Court issued on May 19, 2008 in United States v. Rodriquez, ___ U.S. ___, 128 S.Ct. 1783, we vacate our opinion at 464 F.3d 1072 (9th Cir. 2006), vacate the district court's decision, and remand to the district court for further proceedings consistent with the opinion of the Supreme Court. *The Honorable Consuelo Marshall, Senior United States District Judge for the Central District of California, sitting by designation. 8117 PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson Reuters/West.

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