USA v. Rodriquez, No. 04-30397 (9th Cir. 2008)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee/CrossAppellant, v. GINO GONZAGA RODRIQUEZ, Defendant-Appellant/CrossAppellee. ï£¼ ï£½ ï£¾ Nos. 04-30397 04-30494 D.C. No. CR-03-00142RHW Eastern District of Washington, Spokane ORDER On Remand from the United States Supreme Court Filed July 7, 2008 Before: Johnnie B. Rawlinson and Richard R. Clifton, Circuit Judges, and Consuelo Marshall,* District Judge. ORDER This case is hereby resubmitted. Pursuant to the judgment of the United States Supreme Court issued on May 19, 2008 in United States v. Rodriquez, ___ U.S. ___, 128 S.Ct. 1783, we vacate our opinion at 464 F.3d 1072 (9th Cir. 2006), vacate the district court s decision, and remand to the district court for further proceedings consistent with the opinion of the Supreme Court. *The Honorable Consuelo Marshall, Senior United States District Judge for the Central District of California, sitting by designation. 8117 PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.

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