United States v. Rodriquez ( 2008 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,  Nos. 04-30397
Plaintiff-Appellee/Cross- 04-30494
Appellant, D.C. No.
v. CR-03-00142-
GINO GONZAGA RODRIQUEZ,  RHW
Eastern
Defendant-Appellant/Cross-
Appellee. District of
Washington,
Spokane
 ORDER
On Remand from the United States Supreme Court
Filed July 7, 2008
Before: Johnnie B. Rawlinson and Richard R. Clifton,
Circuit Judges, and Consuelo Marshall,* District Judge.
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, 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 con-
sistent with the opinion of the Supreme Court.
*The Honorable Consuelo Marshall, Senior United States District Judge
for the Central District of California, sitting by designation.
8117
PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON REUTERS/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2008 Thomson Reuters/West.