USA v. Beltran-Moreno
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSE ANGEL BELTRAN-MORENO, aka El Tan Beltran, Defendant-Appellant.
No. 07-10368 D.C. No. CR-05-00546-NVW District of Arizona, Phoenix
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ABRAHAM BELTRAN-MORENO, aka Abram aka Abram Beltran-Moreno aka Adrian Beltran-Figueroa, Defendant-Appellant.
No. 07-10370 D.C. No. CR-05-00546-NVW District of Arizona, Phoenix ORDER
Filed March 10, 2009 Before: Procter Hug, Jr., Stephen Reinhardt and A. Wallace Tashima, Circuit Judges.
ORDER The opinion filed February 10, 2009 is amended as follows: 1. At Slip Op. 1589, replace "on top of any other sentence" with . 2. At Slip Op. 1589, delete the text of footnote 1 and replace it with:
UNITED STATES v. BELTRAN-MORENO
3. At Slip Op. 1590, replace "the district judge exercised his discretion under 18 U.S.C. § 3553(a) to depart downward from the Guidelines recommendation, sentencing the defendants to thirty-five years in prison instead of imprisoning them for the rest of their lives as the Guidelines suggest, but no longer mandate" with . 4. At Slip Op. 1591, replace "For reasons beyond our understanding, the Beltrans have appealed their sentences, arguing that instead of imposing a mandatory minimum of twenty years, the district court should have consolidated the two § 924(c) sentences into a single five-year term and imposed a fifteen-year minimum sentence for each of them." with . 5. At Slip Op. 1591-92, replace "In this case, the two § 924(c) counts are respectively predicated on possession with
UNITED STATES v. BELTRAN-MORENO
intent to distribute methamphetamine, 21 U.S.C. §§ 841(a), (b)(1)(A)(viii), and possession with intent to distribute cocaine, id. §§ 841(a), (b)(1)(A)(iii)." with 6. At Slip Op. 1592, replace "rather, they appear simply to be ignorant of the controlling law" with . To that amended sentence, attach the following new footnote: 7. At Slip Op. 1593, replace "strong warning for the defendant's appellate counsel" with . In the following sentence, at Slip Op. 1594, insert the word between "have counsel" and "avoided a disposition". 8. At Slip Op. 1594, insert the words between "research" and "the relevant case law". In the sentence after that, delete the words "one has been". 9. At Slip Op. 1594, replace the sentence "We also remind counsel of their ethical obligations not to present arguments to this court that are legally frivolous." with the following two sentences: . No subsequent Petitions for Rehearing or Rehearing En Banc shall be permitted in No. 07-10368. The Petition for Rehearing and Suggestion For Rehearing En Banc in No. 0710370 is due by March 26, 2009 consistent with the Clerk's Order filed February 25, 2009.
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 © 2009 Thomson Reuters/West.
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