Moreno-Hernandez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30387 Plaintiff-Appellee, D.C. No. v.  CR-03-30012-AA

ISIDRO MORENO-HERNANDEZ, ORDER AND

Defendant-Appellant. AMENDED  OPINION

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted September 15, 2004—Portland, Oregon

Submission Withdrawn September 28, 2004 Resubmitted February 18, 2005

Filed February 18, 2005 Amended July 5, 2005 Second Amendment August 17, 2005

Before: J. Clifford Wallace, Ronald M. Gould, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Berzon

10795 UNITED STATES v. MORENO-HERNANDEZ 10797

COUNSEL

Robert M. Stone, Medford, Oregon, for the defendant- appellant. 10798 UNITED STATES v. MORENO-HERNANDEZ Karin J. Immergut, United States Attorney, District of Ore- gon, and Robert G. Thomson (argued), Assistant United States Attorney, Medford, Oregon, for the plaintiff-appellee.

ORDER

The mandate issued on July 13, 2005 is recalled for the pur- pose of amending the opinion as follows:

The amended…