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U.S. v. GALLAHER

No. 09-30193.

608 F.3d 1109 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. James H. GALLAHER, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2010.

Attorney(s) appearing for the Case

James A. McDevitt, United States Attorney, and Joseph H. Harrington (argued), Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Stephen R. Hormel, Hormel Law Office, L.L.C., Spokane Valley, WA, for the defendant-appellant.

Opinion by Judge FISHER; Dissent by Judge TASHIMA.

ORDER

On May 19, 2010, the parties filed separate motions to modify the opinion. The motions are GRANTED.

The opinion filed May 19, 2010, at slip op. 7141, is WITHDRAWN. A new opinion will be filed concurrently with this order.

OPINION

FISHER, Circuit Judge:

The Federal Death Penalty Act of 1994 conditionally eliminated the death penalty for Native American defendants prosecuted under the Major Crimes Act...

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