Ressam

Mark N. Bartlett, Helen J. Brunner (argued), Assistant United States Attorneys, Seattle, WA, for the plaintiff-appellant.

Thomas W. Hillier, II (argued), Lissa W. Shook, Federal Public Defender, Seattle, WA, for the defendant-appellee.

Before: ARTHUR L. ALARCÓN, FERDINAND F. FERNANDEZ and RICHARD R. CLIFTON, Circuit Judges.

Opinion by Judge ALARCÓN; Dissent by Judge FERNANDEZ.

This Court's opinion, filed February 2, 2010 [ 593 F.3d 1095 ], is amended as follows:

1. The three paragraphs on slip Opinion page 1882, line 20 to page 1883, line 13 [ 593 F.3d at 1098-99 ] that read:

are deleted and replaced by the following three paragraphs:

2. On slip Opinion page 1902, line 28-30 [ 593 F.3d at 1109 ], please replace:

with:

3. The five paragraphs on slip Opinion pages 1912-1916 [ 593 F.3d at 1114-16 ] that read:

In Gall , the Supreme Court instructed that

Gall, 552 U.S. at 51 , 128 S.Ct. 586 (emphasis added).

are deleted and replaced by the following eight paragraphs:

6 Title 18 U.S.C. § 3553 (a) requires that a sentencing court consider the following factors:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;

(2) the…