United States v. Riley Briones, Jr.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 16-10150 Plaintiff-Appellee, D.C. No. v. 2:96-cr-00464-DLR-

RILEY BRIONES, JR., AKA

Unknown Spitz, ORDER AND Defendant-Appellant. AMENDED OPINION

On Remand from the United States Supreme Court

Argued and Submitted September 22, 2021 Pasadena, California

Filed December 6, 2021 Amended June 1, 2022

Before: Diarmuid F. O’Scannlain and Johnnie B. Rawlinson, Circuit Judges, and David A. Ezra, * District Judge.

Order; Opinion by Judge O’Scannlain

* The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. SUMMARY **

Criminal

The panel filed (1) an order amending its opinion, denying a petition for panel rehearing, and denying on behalf of the court a petition for rehearing en banc and (2) an amended opinion in which, on remand from the United States Supreme Court, and further remand from the en banc court, the three-judge panel affirmed the district court’s imposition of a sentence of life without possibility of…