United States v. Stephenson

Full title: UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID CARROLL…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 27, 2007

No. 06-30299 (9th Cir. Nov. 27, 2007)

Opinion

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID CARROLL STEPHENSON, Defendant - Appellant. No. 06-30299 United States Court of Appeals, Ninth Circuit November 27, 2007

NOT FOR PUBLICATION

D.C. No. CR-05-05158-RBL

Before: CANBY, HALL, and CALLAHAN, Circuit Judges

ORDER AMENDING MEMORANDUM DISPOSITION AND DENYING PETITION FOR REHEARING EN BANC

The memorandum disposition filed on August 9, 2007, is hereby amended by adding the following to the end of the first full paragraph on page 3:

We note, moreover, that any error here did not affect Stephenson§s substantial rights because Stephenson never contested the overt acts that occurred within the limitations period and never argued that §the acts that most strongly support a finding of conspiracy fell outside the statute of limitations.§ United States v Fuchs, 218 F.3d 957, 963 (9^th Cir. 2000)

With this amendment, the panel has voted to deny appellant§s petition for panel rehearing and has recommended denial of the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are DENIED. No further petitions shall be entertained.