Cortez-Arias
United States v. Cortez-Arias
Opinion
Opinion
Gould, 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 Second Amendment September 30, 2005
Before: Dorothy W. Nelson, Andrew J. Kleinfeld, and Ronald M. Gould, Circuit Judges.
Opinion by Judge Gould
13701 UNITED STATES v. CORTEZ-ARIAS 13703
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, as previously amended on July 14, 2005 at 415 F.3d 977, is AMENDED as follows.
Footnote 8 states: 13704 UNITED STATES v. CORTEZ-ARIAS Because Cortez-Arias waived all…