USA V. TYMOND PRESTON, No. 11-10511 (9th Cir. 2013)
Annotate this CaseCourt Description: Criminal Law. The panel affirmed a conviction for abusive sexual contact and remanded for resentencing in a case in which the district court imposed a lifetime term of supervised release and several conditions of supervised release. The panel held that the defendant
This opinion or order relates to an opinion or order originally issued on February 5, 2013.
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FILED FEB 27 2013 FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 11-10511 D.C. No. 3:10-cr-08026-GMS-1 District of Arizona, Prescott TYMOND J PRESTON, ORDER AMENDING OPINION Defendant - Appellant. Before: FARRIS, NOONAN, and BYBEE, Circuit Judges. The opinion filed on February 5, 2013 is amended as follows: On slip Opinion page 26, lines 7 10, remove the following text: [Preston failed to move for acquittal at the close of the evidence, so we reverse only for plain error. United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir. 2004).] On slip Opinion page 26, line 12, change the following text: [any] to [any] On slip Opinion page 26, line 14, change the following text: [Id. (citations and emphasis omitted).] to [Jackson v. Virginia, 443 U.S. 307, 319 (1979) (emphasis in original); United States v. Atkinson, 990 F.2d 501, 503 (9th Cir. 1993) (en banc).] On slip Opinion page 27, line 1, change the following text: [reasonable] to [rational] On slip Opinion page 27, line 13, change the following text: [reasonable] to [rational] On slip Opinion page 27, lines 13 14, change the following text: [Delgado, 357 F.3d at 1068.] to [Jackson, 443 U.S. at 319.] 2
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