USA v. Roberto Bustos-Ochoa

Filing

Filed order (DOROTHY W. NELSON, DIARMUID F. O'SCANNLAIN and JAMES K. SINGLETON) Amending Disposition Opinion AFFIRMED; The opinion filed in this case on December 18, 2012 is hereby amended as follows: (see order for full text) With this amendment, the panel has voted to deny the petition for rehearing and rehearing en banc. The panel has voted unanimously to deny the petition for rehearing. Judge O Scannlain has voted to deny the petition for rehearing en banc, and Judges Nelson and Singleton have so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing and petition for rehearing en banc is DENIED. No further petitions for panel rehearing or for rehearing en banc will be entertained. [8597436]

Case: 11-50471

04/22/2013

ID: 8597436

DktEntry: 48

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA ,
Plaintiff-Appellee,

No. 11-50471

v.

D.C. No.
3:10-cr-04188-DMS-1
Southern District of
California, San Diego

ROBERTO BUSTOS-OCHOA ,
Defendant-Appellant.

ORDER

Filed April 22, 2013
Before: Dorothy W. Nelson and Diarmuid F. O’Scannlain,
Circuit Judges, and James K. Singleton, Senior District
Judge.*

ORDER
The opinion filed in this case on December 18, 2012 is
hereby amended as follows:
On page 5 of the slip opinion, lines 29–32, delete the
following citation: “See 8 U.S.C. § 1229c(a)(1) (noting that
aliens deportable under 8 U.S.C. § 1227(1)(2)(A)(iii)—the
aggravated felony statute—are not eligible for voluntary
*

The Honorable James K. Singleton, Senior District Judge for the U.S.
District Court for Alaska, sitting by designation.

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Case: 11-50471

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04/22/2013

ID: 8597436

DktEntry: 48

UNITED STATES V . BUSTOS-OCHOA

departure).” Replace this citation with the following: “See
8 C.F.R. § 1240.26(b)(1) (noting that aliens who have “been
convicted of a crime described in section 101(a)(43) of the
Act”—the section defining aggravated felonies—are not
eligible for voluntary departure); see also 8 U.S.C. § 1229c(e)
(“The Attorney General may by regulation limit eligibility for
voluntary departure under this section for any class or classes
of aliens.”).”
With this amendment, the panel has voted to deny the
petition for rehearing and rehearing en banc. The panel has
voted unanimously to deny the petition for rehearing. Judge
O’Scannlain has voted to deny the petition for rehearing en
banc, and Judges Nelson and Singleton have so
recommended. The full court has been advised of the petition
for rehearing en banc, and no judge has requested a vote on
whether to rehear the matter en banc. Fed. R. App. P. 35.
The petition for rehearing and petition for rehearing en
banc is DENIED. No further petitions for panel rehearing or
for rehearing en banc will be entertained.

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