Cortez-Arias
United States v. Cortez-Arias
Opinion
Opinion
Gould COUNSEL, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10184 Plaintiff-Appellee, D.C. No. v. CR-03-00192-
JOSE EMILIO CORTEZ-ARIAS, HDM/VPC
Defendant-Appellant. ORDER AND
AMENDED
OPINION
Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding
Argued and Submitted December 9, 2004—San Francisco, California
Filed April 18, 2005 Amended July 14, 2005
Before: Dorothy W. Nelson, Andrew J. Kleinfeld, and Ronald M. Gould, Circuit Judges.
Opinion by Judge Gould COUNSEL
Robert B. Walker, Carson City, Nevada, for the appellant.
Daniel G. Bogden, United States Attorney, and Robert Don Gifford, Assistant United States Attorney, Reno, Nevada, for the appellee.
ORDER
The opinion filed on April 18, 2005 and published at 403 F.3d 1111, is AMENDED as follows.
Footnote 8 states:
Because the sentencing enhancement we address is based only on the fact of a prior conviction, our deci- sion is unaffected by the Supreme Court’s recent 8172 UNITED STATES v.…