United States of America v. Danilo Banos-Mejia

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANILO BANOS-MEJIA,
Defendant - Appellant.
No. 11-10483
D.C. No. 4:11-cr-01229-DCB-
JCG-1
District of Arizona,
Tucson
ORDER
Before: NOONAN, FISHER, and NGUYEN, Circuit Judges.
The panel sua sponte withdraws the memorandum disposition filed on April
16, 2013.
Appellant’s petition for rehearing en banc is denied as moot.
The parties are ordered to submit supplemental briefing addressing whether
the generic federal definition of statutory rape includes a four-year-age-difference
element. See United States v. Zamorano-Ponce, 699 F.3d 1117, 1119 (9th Cir.
2012) (“The generic federal definition may also include a four-year-age-difference
element.”). These supplemental briefs shall be no longer than ten pages and shall
be submitted no later than 14 days after the entry of this order.
FILED
JUL 19 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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