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This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID ALAN HICKEY,
Defendant - Appellant.
No. 09-10365
D.C. No. 2:08-cr-01518-JAT-1
ORDER*
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Argued and Submitted August 30, 2010
Deferred March 25, 2011
Resubmitted March 2, 2012
San Francisco, California
Before: B. FLETCHER, TALLMAN, and RAWLINSON, Circuit Judges.
The Joint Motion to Vacate and Remand, filed on February 29, 2012, is
GRANTED. Defendant David Alan Hickey’s conviction and sentence are vacated
and this matter is remanded to the district court for further proceedings.
FILED
MAR 08 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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09-10365 2
VACATED AND REMANDED.
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