UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
RICARDO BORDALLO, GOVERNOR OF GUAM, DEFENDANT-APPELLANT
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The court grants the government's request to amend its prior opinion to authorize the district court to resentence the appellant on affirmed counts.
The government filed a petition for rehearing, pointing out that the court's prior opinion ordered reversal of some counts but affirmed others. The go…
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In its petition for rehearing, the government points out that our opinion in this case, 857 F. 2d 519 (9th Cir.1988), ordered a reversal of those counts on which the district court had sentenced the appellant to a period of incarceration. The opinion affirmed only those counts on which the district court had sentenced appellant to probation. The government asks that we amend our opinion in order to authorize the district court to resentence the appellant on the counts that have been affirmed. This court has the authority to do so. See United States v. Minor, 846 F. 2d 1184, 1187 (9th Cir.1988); United States v. Hagler, 709 F. 2d 578 (9th Cir.), cert. denied, 464 U.S. 917, 104 S.Ct. 282, 78 L.Ed.2d 260 (1983).
Upon due consideration of the government’s motion and the appellant’s response, the government’s request is granted. The mandate in the case shall authorize the district court to resentence the defendant on those counts which this court has affirmed.
The government’s petition for rehearing is in all other respects denied. The appellant’s petition for rehearing is also denied.
The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed. R.App.P. 35.
The suggestion for rehearing en banc is rejected.
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United States v. Horst Werner Joetzki, 952 F.2d 1090 (9th Cir. 1991)
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United States v. Marsh, 894 F.2d 1035 (9th Cir. 1989)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Leycock v. Gov't of the Virgin Islands, 464 U.S. 917 (U.S. 1983)
- United States v. Hagler, 709 F.2d 578 (9th Cir. 1983)
- United States v. Minor, 846 F.2d 1184 (9th Cir. 1988)
- United States v. Bordallo, 857 F.2d 519 (9th Cir. 1988)