USA v. Evans-Martinez, No. 05-10280 (9th Cir. 2008)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JESUS NORBERTO EVANS-MARTINEZ, Defendant-Appellant.    No. 05-10280 D.C. No. CR-03-00187-DAE District of Hawaii, Honolulu ORDER Filed June 27, 2008 Before: Robert R. Beezer and Raymond C. Fisher, Circuit Judges, and Robert J. Timlin,* Senior District Judge. ORDER The Opinion filed June 1, 2006, slip op. 5969, and appearing at 448 F.3d 1163 (9th Cir. 2006), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. *The Honorable Robert J. Timlin, Senior District Judge for the United States District Court for the Central District of California, sitting by designation. 7585 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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