United States of America v. TERRANCE GEORGE TUCKER, AKA Terry Tucker

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRANCE GEORGE TUCKER, AKA
Terry Tucker,
Defendant - Appellant.
No. 09-50612
D.C. No. 2:08-cr-01404-R-1
Central District of California,
Los Angeles
ORDER AMENDING
MEMORANDUM DISPOSITION
AND DENYING PETITIONS
FOR REHEARING
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SONYA DELORES WODKE TUCKER,
AKA Cheri Tucker, AKA Sonya Tucker,
Defendant - Appellant.
No. 09-50625
D.C. No. 2:08-cr-01404-R-2
Central District of California,
Los Angeles
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
No. 10-50127
D.C. No. 2:08-cr-01404-R-1
Central District of California,
Los Angeles
FILED
MAR 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The Honorable Richard Mills, Senior District Judge for the U.S.*
District Court for Central Illinois, sitting by designation.
09-50612 2
TERRANCE GEORGE TUCKER, AKA
Terry Tucker,
Defendant - Appellant.
ORDER
Before: W. FLETCHER and RAWLINSON, Circuit Judges, and MILLS, Senior
District Judge.*
The memorandum disposition filed on December 22, 2011 is amended as
follows:
1. Change the text on page 3, line 14 beginning with “no procedural
error occurred” to read:
“no procedural error occurred, including plain error in applying the
number-of-victims adjustment. See United States v. Amezcua-
Vasquez, 567 F.3d 1050, 1053 (9th Cir. 2009); see also United States
v. Showalter, 569 F.3d 1150, 1160 (9th Cir. 2009) (permitting reliance
on undisputed facts in the Presentence Report)”.
2. Delete the following text on page 3, line 17: “for the first time on
appeal”.
3. Delete the following text on page 4, lines 5-7: “Accordingly, no plain
error occurred. See United States v. Armstead, 552 F.3d 769, 776 (9th
Cir. 2008), as amended.”
4. Replace the citation to “See Ressam, 629 F.3d at 826” on page 4, line
9, with “See Amezcua-Vasquez, 567 F.3d at 1053”.
5. Replace the citation to “See id. at 827-28,” on page 4, line 11, with
“See id.”.

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09-50612 3
6. Replace the citation to “See Ressam, 629 F.3d at 824” on page 4, line
13, with “See Amezcua-Vasquez, 567 F.3d at 1055”.
With the above amendments, the panel has voted to deny Appellant Sonya
Tucker’s Petition For Rehearing filed on January 30, 2012 and Appellant Terrance
Tucker’s Petition for Panel Rehearing filed on February 1, 2012.
The petitions for rehearing are DENIED.
No further petitions for rehearing or petitions for rehearing en banc will be
entertained.

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