United States v. Colin Nathanson

FILED

NOT FOR PUBLICATION MAR 25 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-50422

Plaintiff - Appellee, D.C. No. 8:05-cr-00301-CJC-1 Central District of California, v. Santa Ana

COLIN NATHANSON,

ORDER

Defendant - Appellant.

Before: GOODWIN and RAWLINSON, Circuit Judges, and ZOUHARY, District Judge.*

The memorandum disposition filed on December 15, 2010, is hereby

amended as follows:

The last sentence of the paragraph numbered 2, beginning of page 2 of the

disposition and continuing to page 3 is deleted. The following language is no

longer included in the disposition: Despite Nathanson’s argument that he did not

organize or lead another criminally culpable participant, this enhancement may be

applied without an express finding of such conduct where the defendant

* The Honorable Jack Zouhary, District Judge for the U.S. District Court for Northern Ohio, Toledo, sitting by designation. “nevertheless exercised management responsibility over the…