United States v. Luis Gonzalez

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT FILED

FEB 13 2012

UNITED STATES OF AMERICA, No. 10-10310

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

Plaintiff - Appellee, D.C. No. 3:06-cr-00710-WHA-2 Northern District of California, v. San Francisco

LUIS ALBERTO GONZALEZ,

ORDER

Defendant - Appellant.

Before: HAWKINS and M. SMITH, Circuit Judges, and DUFFY, District Judge.*

The Memorandum disposition, filed December 22, 2011, is amended as

follows:

On page 4, the paragraph beginning “Finally, even assuming the court” and

ending “See United States v. Warr, 530 F.3d 1152, 1163 (9th Cir. 2008).” is deleted,

and the following is substituted in its place:

Finally, the court did not violate Federal Rule of Criminal

Procedure 32 by failing to inform Gonzalez of its ex parte hearing with

Paiz’s counsel in which counsel indicated she did not plan to call

* The Honorable Kevin Thomas Duffy, District Judge for the U.S. District Court for Southern New York, sitting by designation. Gonzalez because she did not think he could credibly exonerate Paiz.

This was not…