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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAVIER MONTES-RUIZ,
Defendant - Appellant.
No. 12-50398
D.C. No. 3:07-cr-01164-LAB-1
Southern District of California,
San Diego
ORDER
Before: GOULD and RAWLINSON, Circuit Judges, and LEMELLE, District
Judge.*
The mandate issued on December 13, 2013, is hereby recalled.
The unopposed request for publication is granted, and the Memorandum
Disposition filed on November 20, 2013, is withdrawn. The withdrawn
memorandum disposition is replaced and superseded by the attached opinion.
FILED
MAR 21 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District
Court for the Eastern District of Louisiana, sitting by designation.
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