Rodriquez
United States v. Rodriquez
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 04-30397 Plaintiff-Appellee/Cross- 04-30494 Appellant, D.C. No. v. CR-03-00142-
GINO GONZAGA RODRIQUEZ, RHW
Eastern Defendant-Appellant/Cross- Appellee. District of Washington, Spokane
ORDER
On Remand from the United States Supreme Court
Filed July 7, 2008
Before: Johnnie B. Rawlinson and Richard R. Clifton, Circuit Judges, and Consuelo Marshall,* District Judge.
ORDER
This case is hereby resubmitted.
Pursuant to the judgment of the United States Supreme Court issued on May 19, 2008 in United States v. Rodriquez, ___ U.S. ___, 128 S.Ct. 1783, we vacate our opinion at 464 F.3d 1072 (9th Cir. 2006), vacate the district court’s decision, and remand to the district court for further proceedings con- sistent with the opinion of the Supreme Court.
*The Honorable Consuelo Marshall, Senior United States District Judge for the Central District of California, sitting by designation.