Opinion
No. 06-10525.
Argued and submitted May 13, 2008 Pasadena, California.
Decided May 29, 2008.
D.C. No. CR-04-01688-RCC District of Arizona, Tucson.
Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.
ORDER
The Government's motion to clarify remand procedure and amend memorandum decision filed on January 24, 2008 is GRANTED. The Memorandum Disposition is hereby amended as follows:
The penultimate paragraph of the memorandum disposition, page 3, is amended by adding a new sentence after the final sentence: "If on remand, the district court determines the defendant's motion to dismiss challenging his underlying removal should be denied, the district court may reinstate the judgment of conviction and sentence. Conversely, if it determines that the defendant's motion to dismiss should be granted, it shall dismiss the case. In either event, the court shall provide an explanation for its ruling."