U.S. v. Medina-Hernandez

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Alejandro…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 10, 2002

41 F. App'x 109 (9th Cir. 2002)

Opinion

41 Fed.Appx. 109 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Alejandro MEDINA-HERNANDEZ, Defendant--Appellant. No. 00-50106. D.C. No. CR-99-02029-RMB. United States Court of Appeals, Ninth Circuit. July 10, 2002

Argued and Submitted November 13, 2000.

Withdrawn from Submission November 15, 2000.

Resubmitted November 27, 2001.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Southern District of California Rudi M. Brewster, District Judge, Presiding.

Before CANBY, MCKEOWN and PAEZ, Circuit Judges.

ORDER AND MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Following our memorandum decision of this appeal on November 27, 2001, we stayed our mandate pending the final decision by the Supreme Court in United States v. Ruiz,. The Supreme Court has now decided Ruiz in a manner adverse to the sole argument raised by Medina-Hernandez in this appeal. United States v. Ruiz, 536 U.S. 622, 122 S.Ct. 2450, 153 L.Ed.2d 586 (2002).

Page 110.

We therefore vacate our decision of November 27, 2001, and affirm the judgment of the district court. The mandate shall issue in due course.

PRIOR DECISION VACATED; JUDGMENT AFFIRMED.