Diaz-Argueta
United States v. Diaz-Argueta
Opinion
Opinion
Noonan COUNSEL, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10224 Plaintiff-Appellee, D.C. No. v. CR-04-00094-HDM/
RAM
ANIBAL JOSE DIAZ-ARGUETA,
Defendant-Appellant. ORDER AND OPINION
Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding
Argued and Submitted January 13, 2006—San Francisco, California
Filed April 24, 2009
Before: John T. Noonan, A. Wallace Tashima, and William A. Fletcher, Circuit Judges.
Opinion by Judge Noonan COUNSEL
Cynthia S. Hahn, Reno, Nevada, for the defendant-appellant.
R. Don Gifford, Assistant United States Attorney, for the plaintiff-appellee. 4812 UNITED STATES v. DIAZ-ARGUETA
ORDER
Our opinion, dated May 16, 2006, is hereby withdrawn.
The petition for rehearing is DENIED. No further petitions for rehearing will be entertained.
OPINION
NOONAN, Circuit Judge:
Anibal Jose Diaz-Argueta (Diaz) appeals the sentence he received from the district court after pleading guilty to ille- gally reentering the United States following deportation in violation of…