United States v. Jose Luis Rivera-Sillas

ORDER

Our opinion filed on July 15, 2004, and published at 376 F.3d 887 , is AMENDED as follows:

We withdraw the content of the paragraph on page 893 beginning with “Rivera-Sillas contends that if the Government need not prove that a defendant has knowledge of his presence in the United States, ...” and substitute the following paragraph in its place:

The order, filed September 3, 2004, staying the decision of Appellant’s petition for rehearing and petition for rehearing en banc is lifted.

The panel now votes to deny the petition for panel rehearing. Judge Fisher votes to deny the petition for rehearing en banc and Judges T.G. Nelson and Tashima so recommend. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on en banc rehearing. See Fed. R.App. P. 35(f). The petition for panel rehearing and the petition for rehearing en banc are DENIED.

No further petitions for panel rehearing or for rehearing en banc shall be entertained.

OPINION

Jose Luis Rivera-Sillas appeals the district court’s denial of his motions to dismiss his underlying indictment. We hold that the district court correctly denied Rivera-Sillas’s motions, and…