Cortez-Arias

United States v. Cortez-Arias

Good Law
United States Court of Appeals for the Ninth CircuitJuly 13, 200504-10184California2,925 words

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.…

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