United States v. Timothy James Lyons, United States of America v. Gabriel Sanchez

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Opinion filed on July 17, 2006, is amended as follows:

On slip Opinion page 7868, line 6: insert the following sentence after the citation to United States v. Staten, 450 F.3d 384, 386 (9th Cir.2006): The argument that the district court should have imposed a “beyond a reasonable doubt” standard is foreclosed by our case law.

On slip Opinion page 7868, line 7: delete the paragraph beginning “As Sanchez and Lyons did not raise this argument ...” and replace with the following text:

With these amendments, the panel has voted to deny the petition for panel rehearing. Judges Thomas and McKeown vote to deny the petition for rehearing en banc and Judge King so recommends. The full court has been advised of the petition for rehearing and rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are denied. No further petitions for rehearing or rehearing en banc will be entertained.

OPINION

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