Martinez

United States v. Martinez

Good Law
657 F.3d 811
United States Court of Appeals for the Ninth CircuitSeptember 14, 201108-50141California3,328 words

Opinion

Opinion

NOONAN, J.

Todd W. Robinson, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: JOHN T. NOONAN and KIM McLANE WARDLAW, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge. [*]

NOONAN, Circuit Judge:

The opinion filed on June 22, 2011 is amended as follows:

At slip op. at 8462, lines 24-28: Change to

With this amendment, the panel votes to deny the petitions for rehearing. Judge Wardlaw votes to deny the petitions for rehearing en banc, and Judges Noonan and Korman so recommend.

The full court has been advised of the petitions for rehearing en banc, and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petitions for rehearing are DENIED and the petitions for rehearing en banc are DENIED.

No further petitions for rehearing or for rehearing en banc will be entertained from any appellant other than Abarca.

Ricardo Martinez, Thomas Durkin, Eduardo Gonzalez-Gallegos, George Fernandez, Cesar J. Abarca, Joshua Cruz, and Richard Valenzuela appeal their convictions of conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962 (d), and their…

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