USA V. AARON PRUETT, No. 16-56858 (9th Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on November 30, 2017.

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FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JAN 9 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS No. 16-56858 D.C. Nos. 3:16-cv-01561-CAB 3:96-cr-00331-CAB-1 Southern District of California, San Diego AARON SCOTT PRUETT, Defendant-Appellant. ORDER Before: GRABER, MURGUIA, and CHRISTEN, Circuit Judges. The separate concurrence to the memorandum disposition filed November 30, 2017, is amended as follows: On page 2, line 17 of the concurrence, change "In sum, even if we assume" to "Even if we assume"; on page 3, at the end of line 5 of the concurrence, add the citation: "Beckles v. United States, 137 S. Ct. 886, 897–98 (Ginsburg, J., concurring)." With these amendments, the panel has voted to deny Appellant’s petition for panel rehearing and rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. Appellant’s petition for panel rehearing and rehearing en banc is DENIED. No further petitions for panel rehearing or for rehearing en banc may be filed. 2

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