Lopez-Avila

Robert L. Miskell, Office of the United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Mark F. Williman, Tucson, AZ, for the defendant-appellant.

Before: JOHN T. NOONAN and CARLOS T. BEA, Circuit Judges, and DONALD E. WALTER, Senior District Judge. [*]

The opinion in this case was filed on January 12, 2012 and was published at Slip Op. 259. The government has filed a motion requesting that we amend the opinion to remove the name of Assistant U.S. Attorney Jerry Albert from the Federal Reporter. The government's motion is DENIED.

However, the opinion is hereby amended as follows.

1. At Slip Op. 274, after the paragraph ending Berger v. United States, 295 U.S. 78, 88 , 55 S.Ct. 629 , 79 L.Ed. 1314 (1935), insert the following, beginning with a new paragraph:

The Department of Justice has an obligation to its lawyers and to the public to prevent prosecutorial misconduct. Prosecutors, as servants of the law, are subject to constraints and responsibilities that do not apply to other lawyers; they must serve truth and justice first. United States v. Kojayan, 8 F.3d 1315, 1323 (9th Cir.1993). Their job is not just to win, but to win fairly, staying within the rules.…