United States Court of Appeals F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT ____________ No. 08-3012 September Term 2009 04cr00232-02 Filed On: January 26, 2010 United States of America,

Appellee

v.

Ricardo Palmera Pineda, also known as Simon Trinidad,

Appellant

BEFORE: Ginsburg and Henderson, Circuit Judges, and Edwards, Senior Circuit Judge

ORDER

Upon consideration of appellant’s petition for rehearing and the response thereto, it is

ORDERED that the petition for rehearing be denied for the reasons stated in the opinion issued herein this date. It is

FURTHER ORDERED that the judgment of the court filed October 5, 2009, be amended as follows:

page 1, line 8: strike the words - it is “highly probable”

The Clerk is directed to issue the mandate seven days after the issuance of this order. See Fed. R. App. P. 41; D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Scott H. Atchue Deputy Clerk