United States v. Danilo Banos-Mejia

FILED

UNITED STATES COURT OF APPEALS SEP 16 2014

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-

v. District of Arizona, Tucson

DANILO BANOS-MEJIA,

Defendant - Appellant. ORDER

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

Danilo Banos-Mejia’s motion to recall the mandate is granted in light of our

recent decision in U.S. v. Gomez, —F.3d—, 2014 WL 1623725 (9th Cir. Apr. 24,

2014), which held that the generic definition of “statutory rape” includes a

four-year age differential as an element of the offense. Id. at *17.

The memorandum disposition filed on August 28, 2013 is withdrawn and a

memorandum disposition is filed concurrently with this order. Banos’s motion for

leave to file an untimely petition for rehearing en banc is denied as moot.

FILED

NOT FOR PUBLICATION SEP 16 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF…