FILED

NOT FOR PUBLICATION DEC 20 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10263

Plaintiff - Appellee, D.C. No. 2:07-cr-00248-WBS-10 v.

ORDER AMENDING MARCO ANTHONY GOMEZ, Jr., AKA DISPOSITION AND DENYING Silky, PETITION FOR REHEARING

AND PETITION FOR

Defendant - Appellant. REHEARING EN BANC UNITED STATES OF AMERICA, No. 12-10265

Plaintiff - Appellee, D.C. No. 2:07-cr-00248-WBS-9 v. BENJAMIN SANTOS CASTRO, AKA Santos Benjamin Castro, AKA Reaper,

Defendant - Appellant. UNITED STATES OF AMERICA, No. 12-10266

Plaintiff - Appellee, D.C. No. 2:07-cr-00248-WBS-11 v. EDWARD FUENTES,

Defendant - Appellant. Before: FARRIS, FERNANDEZ, and IKUTA, Circuit Judges.

The Memorandum disposition filed on November 22, 2013 (Docket #49) is amended as follows:

At page 5, line 8, the third sentence of the first full paragraph is stricken and replaced with the following sentence: When he was younger he was convicted of voluntary manslaughter, and after his release from prison he returned to criminal activities.

With this amendment, the panel has voted to deny Appellant Fuentes’ Petition for Rehearing and Appellant Castro’s Petition for Rehearing En Banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are DENIED.

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