Jimenez-Alvarado

ORDER

The Memorandum Disposition previously filed on December 15, 2008, and appear *480 ing in 303 Fed.Appx. 478 , is withdrawn, and the Memorandum disposition filed with this Order is filed in its stead. The following amendment was made:

1. Following the paragraph ending on Page 6, line 1, insert the following additional paragraph:

1 Malta-Espinoza v. Gonzales, 478 F.3d 1080 , 1083 n. 3 (9th Cir.2007), a two-to-one holding upon which Jimenez-Alvarado relies, is inconsistent with United. States v. Williams, which preceded it and our en banc opinion in Snellen-berger, which post-dated it. We choose to follow Snellenberger and Williams .

With the above amendment, the pending petition for rehearing is DISMISSED as moot. The parties may file new petitions as to the amended memorandum disposition for rehearing and rehearing en banc in accordance with the Federal Rules of Appellate Procedure.

MEMORANDUM ***

Crispin Jimenez-Alvarado appeals from a judgment of conviction entered in the United States District Court for the Southern District of California, convicting him, upon a jury verdict, of one count of being a previously deported alien found in the United States, in violation of…