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United States v. Keys

September 21, 1998

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
MICHAEL CURTIS KEYS, DEFENDANT-APPELLANT.



Procter Hug, Jr., Chief Judge, James R. Browning, Betty B. Fletcher, Harry Pregerson, John T. Noonan, David R. Thompson, Edward Leavy, Stephen S. Trott, Thomas G. Nelson, Andrew J. Kleinfeld, and A. Wallace Tashima, Circuit Judges.

The opinion of the court was delivered by: Trott, Circuit Judge

FOR PUBLICATION

D.C. No. CR-91-00734-DVK

ORDER AND AMENDED

On Remand from the United States Supreme Court

Filed January 20, 1998

Amended April 29, 1998

Opinion by Judge Trott

SUMMARY

COUNSEL

ORDER

The motion of the United States to reinstate additional portions of the three-Judge panel opinion reported at 67 F.3d 801 (9th Cir. 1995) is GRANTED. For this limited purpose the mandate is ordered recalled. The Opinion filed January 20, 1998, appearing at 133 F.3d 1282 (9th Cir. 1998) and amended at 143 F.3d 479 (9th Cir. 1998), to include a new footnote, is hereby amended. Footnote #1, 133 F.3d at 1286, is now augmented to include Parts I and IIA of the panel opinion. With this amendment, Footnote #1, shall read as follows: 1.) Because we now affirm Keys's conviction of perjury, we reinstate and reaffirm the parts of the original three-Judge panel opinion rejecting entirely his claims of substantive and sentencing error, specifically Parts I, IIA, C, and D.

With this amendment, the mandate shall ...


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