Trevino

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 02-10545 Plaintiff-Appellee, D.C. No. v. CR-00-05432-1-

AURORA TREVINO, REC

Defendant-Appellant. ORDER

AMENDING

 OPINION AND

DENYING

PETITION FOR

REHEARING AND

PETITION FOR

REHEARING EN

BANC AND

AMENDED

 OPINION

Appeal from the United States District Court for the Eastern District of California Robert E. Coyle, District Judge, Presiding

Argued and Submitted February 11, 2004—San Francisco, California

Filed January 18, 2005 Amended August 16, 2005

Before: A. Wallace Tashima and Richard R. Clifton, Circuit Judges, and Ronald B. Leighton,* District Judge.

*The Honorable Ronald B. Leighton, United States District Judge for the Western District of Washington, sitting by designation.

10685 10686 UNITED STATES v. TREVINO Opinion by Judge Leighton; Partial Concurrence and Partial Dissent by Judge Tashima UNITED STATES v. TREVINO 10689

COUNSEL

Anthony P. Capozzi, Fresno, California, for the defendant-…