United States v. Danilo Banos-Mejia

FILED

UNITED STATES COURT OF APPEALS JUL 19 2013

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 11-10483

Plaintiff - Appellee, D.C. No. 4:11-cr-01229-DCB-

JCG-1

v. District of Arizona, Tucson

DANILO BANOS-MEJIA,

Defendant - Appellant. ORDER

Before: NOONAN, FISHER, and NGUYEN, Circuit Judges.

The panel sua sponte withdraws the memorandum disposition filed on April

16, 2013.

Appellant’s petition for rehearing en banc is denied as moot.

The parties are ordered to submit supplemental briefing addressing whether

the generic federal definition of statutory rape includes a four-year-age-difference

element. See United States v. Zamorano-Ponce, 699 F.3d 1117, 1119 (9th Cir.

2012) (“The generic federal definition may also include a four-year-age-difference

element.”). These supplemental briefs shall be no longer than ten pages and shall

be submitted no later than 14 days after the entry of this order.