Maier

United States v. Maier

Good Law
639 F.3d 927
United States Court of Appeals for the Ninth CircuitJuly 18, 201109-10397California3,741 words

Opinion

Opinion

B. FLETCHER, J.

Before: BETTY B. FLETCHER, RICHARD C. TALLMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.

The opinion filed on April 27, 2011 and published at 639 F.3d 927 (9th Cir.2011), is AMENDED as follows. In the second paragraph of Section III, the last sentence reads:

This sentence is deleted in its entirety and replaced with the following text and footnote:

With this amendment, the panel has unanimously voted to deny the petition for panel rehearing. Judges Tallman and Rawlinson voted to deny the petition for rehearing en banc, and Judge Fletcher has so recommended.

The petition for en banc rehearing has been circulated to the full court, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35(b).

The petition for panel rehearing and the petition for rehearing en banc are DENIED.

No future petitions for rehearing or rehearing en banc will be entertained.

B. FLETCHER, Circuit Judge:

Defendant Michael Maier appeals his sentence of 210 months and a lifetime term of supervised release for receipt/distribution of child pornography. We must decide, first, whether the district court correctly relied on the factors set forth in 18 U.S.C. § 3553 (a) to…

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