Banks

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10053 Plaintiff-Appellee, D.C. No. v. CR-04-00052-KJD

LELAND DEVINE BANKS, ORDER

Defendant-Appellant. AMENDING

OPINION AND

GRANTING IN

 PART

APPELLANT’S

MOTION FOR

CLARIFICATION

OR, IN THE

ALTERNATIVE,

FOR REHEARING

AND AMENDED

 OPINION

Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Argued and Submitted October 18, 2006—San Francisco, California

Filed October 25, 2007 Amended January 29, 2008

Before: J. Clifford Wallace, Andrew J. Kleinfeld, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee COUNSEL

Richard F. Cornell, Law Office of Richard F. Cornell, Reno, Nevada, for appellant Leland Devine Banks.

Russell E. Marsh, Assistant United States Attorney, United States Attorney’s Office, Las Vegas, Nevada, for the appellee.

ORDER

The opinion, filed on October 25, 2007, slip opinion 14183, and appearing at 506 F.3d 756 (9th Cir. 2007), is amended as…