U.S. v. Gonzaga

Full title: UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Gino…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 7, 2008

530 F.3d 1185 (9th Cir. 2008)

Opinion

Nos. 04-30397, 04-30494.

Filed July 7, 2008.

Joseph H. Harrington, Office of the U.S. Attorney, Spokane, WA for Plaintiff-Appellee/Cross-Appellant.

Lana C. Glenn, Law Offices of Lana C. Glenn, Spokane, WA, for Defendant-Appellant/Cross-Appellee.

On Remand from the United States Supreme Court. D.C. No. CR-03-00142-RHW Eastern District of Washington, Spokane.

Before: JOHNNIE B. RAWLINSON and RICHARD R. CLIFTON, Circuit Judges, and CONSUELO MARSHALL,^_ District Judge.

_ The Honorable Consuelo Marshall, Senior United States District Judge for the Central District of California, sitting by designation.

ORDER

This case is hereby resubmitted. Pursuant to the judgment of the United States Supreme Court issued on May 19, 2008 in United States v. Rodriquez, ___ U.S. ___, 128 S.Ct. 1783, 170 L.Ed.2d 719, we vacate our opinion at 464 F.3d 1072 (9th Cir. 2006), vacate the district court's decision, and remand to the district court for further proceedings consistent with the opinion of the Supreme Court.