Piccolo
United States v. Piccolo
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10577 Plaintiff-Appellee, D.C. No. v. CR-04-00083-
FRAZER SCOTT PICCOLO, LRH/PAL
Defendant-Appellant. District of Nevada, Las Vegas
ORDER
Filed April 20, 2006
Before: Betty B. Fletcher, John R. Gibson,* and Marsha S. Berzon, Circuit Judges.
ORDER
The opinion filed April 3, 2006, slip op. 3655, is hereby amended as follows:
1. Third line of slip op. 3666, before “United States v. Bry- ant” add the following: “United States v. Thomas, 361 F.3d 653, 657-60 (D.C. Cir. 2004) (concluding under a categorical approach that “the offense of escape is a crime of violence within the meaning of . . . § 4B1.2(a)”), vacated and remanded, 543 U.S. 1111 (2005) (remanding in light of United States v. Booker, 543 U.S. 220 (2005));”
*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.
4415 4416 UNITED STATES v. PICCOLO 2. Fourth line from the bottom of slip op. 3666, delete “Our…