FILED FEB 27 2013 FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-10511

Plaintiff - Appellee, D.C. No. 3:10-cr-08026-GMS-1 District of Arizona, v. Prescott

TYMOND J PRESTON, ORDER AMENDING OPINION Defendant - Appellant.

Before: FARRIS, NOONAN, and BYBEE, Circuit Judges.

The opinion filed on February 5, 2013 is amended as follows:

On slip Opinion page 26, lines 7–10, remove the following text: [Preston failed to move for acquittal at the close of the evidence, so we reverse only for plain error. United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir. 2004).]

On slip Opinion page 26, line 12, change the following text: [any] to [any]

On slip Opinion page 26, line 14, change the following text: [Id. (citations and emphasis omitted).] to [Jackson v. Virginia, 443 U.S. 307, 319 (1979) (emphasis in original); United States v. Atkinson, 990 F.2d 501, 503 (9th Cir. 1993) (en banc).]

On slip Opinion page 27, line 1, change the following text: [reasonable] to [rational] On slip Opinion page 27, line 13, change the following text: [reasonable] to [rational]

On slip Opinion page 27, lines 13–14, change the following text: [Delgado, 357 F.3d at 1068.] to [Jackson, 443 U.S. at 319.]

2