Rosales-Martinez

FILED

UNITED STATES COURT OF APPEALS APR 09 2012

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS

UNITED STATES OF AMERICA, No. 07-10524

Plaintiff - Appellee, D.C. No. CR-06-01449-CKJ District of Arizona, v. Tucson

PEDRO ROSALES-MARTINEZ, a.µ.a. Pete M. Rosales, ORDER

Defendant - Appellant.

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

The government's motion to amend the memorandum disposition to alter the

remedy is granted.

This court's memorandum disposition, filed December 21, 2011, is amended

as follows:

1. The sentence on page one, line three to page two, line one that reads:

'We have jurisdiction under 28 U.S.C. y 1291, and we vacate and remand for

resentencing,' is deleted and replaced with: 'We have jurisdiction under 28 U.S.C.

y 1291, and we affirm without prejudice to an application by Rosales-Martinez to

the district court to vacate his sentence and resentence him consistent with this

decision.' 2. The sentence on page…