FILED NOT FOR PUBLICATION MAR 08 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-10365

Plaintiff - Appellee, D.C. No. 2:08-cr-01518-JAT-1

v. ORDER * DAVID ALAN HICKEY,

Defendant - Appellant.

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.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. VACATED AND REMANDED.

2 09-10365