USA v. Nicholas Lindsey

Filing

Filed Order for PUBLICATION (SUSAN P. GRABER, RONALD M. GOULD and MICHELLE T. FRIEDLAND) The Defendant-Appellant s petition for rehearing is GRANTED. The prior opinion and memorandum disposition filed June 28, 2016, are withdrawn. A substitute opinion and substitute memorandum disposition shall be filed in due course. [10300714]

Case: 14-10004, 02/03/2017, ID: 10300714, DktEntry: 96, Page 1 of 1

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

No. 14-10004
D.C. No.
2:11-cr-00217LDG-CWH-1

v.
NICHOLAS LINDSEY,
Defendant-Appellant.

ORDER

Filed February 3, 2017
Before: Susan P. Graber,* Ronald M. Gould,
and Michelle T. Friedland, Circuit Judges.

ORDER
The Defendant-Appellant’s petition for rehearing is
GRANTED.
The prior opinion and memorandum
disposition filed June 28, 2016, are withdrawn. A substitute
opinion and substitute memorandum disposition shall be filed
in due course.

*

After oral argument in this case, and our former opinion and
memorandum disposition filed June 28, 2016, and after the petition for
rehearing or rehearing en banc was filed on August 19, 2016, Judge
Graber on January 26, 2017, replaced Judge Noonan on this panel.