UNITED STATES v. DOMINGUEZ (2022)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Monico DOMINGUEZ, Defendant-Appellant.

No. 14-10268

Decided: September 13, 2022

Before: Barry G. Silverman and Jacqueline H. Nguyen, Circuit Judges, and Michael M. Anello,* District Judge. Gene D. Vorobyov, Law Office of Gene Vorobyov, San Francisco, California, for Defendant-Appellant. Susan B. Gray and Ross D. Mazer, Assistant United States Attorneys; Matthew M. Yelovich, Chief, Appellate Section, Criminal Division; Stephanie M. Hinds, United States Attorney; United States Attorney's Office, San Francisco, California, for Plaintiff-Appellee. Steven G. Kalar, Federal Public Defender; Todd M. Borden, Assistant Federal Public Defender; Office of the Federal Public Defender, San Francisco, California; for Amici Curiae Federal Defender Organizations of the Ninth Circuit.

AMENDED ORDER

ORDER

The government's opposed motion to reinstate portions of the panel's opinion (Docket Entry No. 156) is granted to the following extent:

The decision entered by this court in this matter, reported at 954 F.3d 1251 (9th Cir. 2020), was vacated by the Supreme Court of the United States. See Dominguez v. United States, ––– U.S. ––––, 142 S.Ct. 2857, ––– L.Ed.2d –––– (2022). Accordingly, we now REVERSE the district court's judgment on Counts Four and Ten. We AFFIRM on all remaining counts for the reasons explained in our opinion reported at 954 F.3d 1251. We REMAND to the district court for resentencing consistent with United States v. Taylor, 596 U.S. ––––, 142 S.Ct. 2015, 213 L.Ed.2d 349 (2022).

Appellant's motion for an order setting a supplemental briefing schedule (Docket Entry No. 151) is denied as moot.

AFFIRMED in part; REVERSED in part; and REMANDED.

Amended Order