Weicks

FILED

UNITED STATES COURT OF APPEALS FEB 16 2010

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 07-10446

Plaintiff - Appellee, D.C. No. CR-05-00040-RJJ

v.

ORDER

MARIO WEICKS,

Defendant - Appellant.

Before: HAWKINS and THOMAS, Circuit Judges, and KORMAN,* District Judge.

Appellee’s Unopposed Petition for Rehearing is GRANTED in part for the

purpose of amending the Memorandum disposition.

The Memorandum Disposition, filed on January 22, 2010, is amended as

follows:

(1) The sentence on page 2 reading “He was sentenced to 420 months

imprisonment plus ten years of supervised release.” is amended to read

“He was sentenced to 360 months imprisonment plus ten years of

supervised release.”

* The Honorable Edward R. Korman, Senior United States District Judge for the Eastern District of New York, sitting by designation. (2) The sentence on page 2 reading “Absent application of the career

offender provision, Weicks’ Guidelines offense level would be 30, which

would result in a Guidelines sentencing range of 168 to 210 months.”…