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U.S. v. DALLMAN

No. 05-30349.

533 F.3d 755 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Roy DALLMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted April 7, 2006.

Withdrawn From Submission August 29, 2006.

Filed May 19, 2008.

Amended July 15, 2008.

Attorney(s) appearing for the Case

Gordon R. Stoa, Spokane, WA, for the defendant-appellant.

Joseph H. Harrington, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Before: WILLIAM C. CANBY, RONALD M. GOULD, and CARLOS T. BEA, Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

GOULD, Circuit Judge:

ORDER

The opinion filed on May 19, 2008 is AMENDED as follows:

In Section "IV" of the opinion, the second paragraph, which states:

After Booker, the departure Guidelines are still operative, and an accurate guideline range calculation may still properly require consideration and correct application of the departure Guidelines. Because Booker left intact...

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