Caruto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-50041 Plaintiff-Appellee, D.C. No. v. CR-06-00281-

WQH-

ELIDE T. CARUTO,

Defendant-Appellant.  ORDER

AMENDING

OPINION AND

AMENDED

 OPINION

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted February 5, 2008—Pasadena, California

Filed May 12, 2008 Amended June 18, 2008

Before: Susan P. Graber and Marsha S. Berzon, Circuit Judges, and Claudia Wilken,* District Judge.

Opinion by Judge Wilken

*The Honorable Claudia Wilken, United States District Judge for the Northern District of California, sitting by designation.

6975 6978 UNITED STATES v. CARUTO

COUNSEL

Timothy A. Scott, San Diego, California, for the defendant- appellant.

Lawrence A. Casper and Neville S. Hedley, Assistant United States Attorneys, San Diego, California, for the plaintiff- appellee.

ORDER

The opinion filed on May 12, 2008, is amended as follows:

On slip opinion page 5230, delete footnote…