United States v. Leonel Salazar

Good Law
455 F.3d 1022·2006 WL 2042899·2006 U.S. App. LEXIS 18560
United States Court of Appeals for the Ninth CircuitJuly 24, 200604-50392California3,509 words

Opinion

Lead Opinion

Wardlaw, J.

ORDER AND OPINION

ORDER

The ORDER published on April 10, 2006 and appearing at United States v. Salazar, 443 F.3d 1153 (9th Cir.2006), is hereby WITHDRAWN. The clerk shall file the attached opinion, along with Judge Rawlin-son’s concurrence.

The panel has voted unanimously to deny the petition for panel rehearing and rehearing en banc.

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

The petition for panel rehearing and the petition for rehearing en banc are DENIED. Further petitions shall not be entertained.

IT IS SO ORDERED.

OPINION

Leonel Salazar was convicted under 18 U.S.C. §§ 2 (b) and 2071(a) on Counts 3 and 6 of an indictment charging him with destroying and causing others to destroy documents filed and deposited with the Immigration and Naturalization Service (“INS”) at the California Service Center (“CSC”) in Laguna Niguel, California. The CSC receives and processes applications and petitions for immigration from California, Arizona, Nevada, Hawaii, and Guam. Count 3 of the indictment charged Salazar with having willfully and unlawfully caused the…

Concurring Opinion

Rawlinson, J.

concurring:

I concur in the result.

Opinion

455 F.3d 1022 UNITED STATES of America, Plaintiff-Appellee, v. Leonel SALAZAR, Defendant-Appellant. No. 04-50392. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 2006. Filed July 24, 2006. Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant. Nguyen-Hong K. Hoang, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Central District of California; Alicemarie H. Stotler, District Judge, Presiding. D.C. No. CR-03-00026-AHS-2. Before SUSAN P. GRABER, KIM McLANE WARDLAW, and JOHNNIE B. RAWLINSON, Circuit Judges. ORDER AND OPINION WARDLAW, Circuit Judge. ORDER 1 The ORDER published on April 10, 2006 and appearing at United States v. Salazar, 443 F.3d 1153 (9th Cir.2006), is hereby WITHDRAWN. The clerk shall file the attached opinion, along with Judge Rawlinson's concurrence. 2 The panel has voted unanimously to deny the petition for panel rehearing and rehearing en banc. 3 The full court has been advised of the petition for rehearing en banc and no judge requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. 4 The…

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