Lopez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-50433 Plaintiff-Appellee, D.C. No. v. CR-04-02506-NAJ

JORGE ENRIQUE LOPEZ,  ORDER

Defendant-Appellant. AMENDING

OPINION AND

AMENDED

 OPINION

Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding

Argued and Submitted March 8, 2006—Pasadena, California

Filed November 30, 2006 Amended July 27, 2007

Before: Susan P. Graber, Kim McLane Wardlaw, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Rawlinson; Concurrence by Judge Wardlaw Chase Scolnick, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Timothy F. Salel, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

ORDER

The opinion filed on November 30, 2006 is amended as fol- lows:

1. Slip Opinion page 18874, Section II.A. — change the second sentence to read: “Lopez does not challenge all of the prosecutor’s com- ments regarding his silence, as he rightfully concedes…