UNITED STATES v. GUERRERO (2022)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Sergio GUERRERO, Defendant-Appellant.

No. 21-10248

Decided: October 18, 2022

Before: S.R. THOMAS, GOULD, and BEA, Circuit Judges.

COUNSEL J. Ryan Moore (argued) and Jay A. Marble, Assistant Federal Public Defender; Jon M. Sands, Federal Public Defender; Federal Public Defender's Office, Tucson, Arizona; for Defendant-Appellant. Angela W. Woolridge (argued), Assistant United States Attorney; Gary M. Restaino, United States Attorney; Christina M. Cabanillas, Deputy Appellate Chief; United States Attorney's Office, Tucson, Arizona; for Plaintiff-Appellee.

ORDER

The opinion in the above-captioned matter filed on September 2, 2022 and published at 47 F.4th 984 is AMENDED as follows:

At the end of the first paragraph, the following language should be added:

We remand this case, however, for the limited purpose of amending the judgment to reflect only 18 U.S.C. § 554(a) as the offense of conviction.

A majority of the panel has voted to deny the Petition for Rehearing and the Petition for Rehearing En Banc. Judge SR Thomas would have granted the petitions. The full court has been advised of the Petition for Rehearing En Banc and no judge of the court has requested a vote on the Petition for Rehearing En Banc. Fed. R. App. P. 35.

Appellant's Petition for Rehearing and Petition for Rehearing En Banc are DENIED.

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