United States v. Bryan Lynn Shumate

341 F.3d 852, 2003 Cal. Daily Op. Serv. 7683, 2003 Daily Journal DAR 9636, 2003 U.S. App. LEXIS 17658, 2003 WL 21999302

Opinion

ORDER

The opinion in this case, which appears at slip op. 6649 (9th Cir.2003), 1 is hereby amended as follows: the sentence commencing on the first line of slip op. 6657 2 is hereby amended to read: “In other words, solicitation may be included in the definition of the predicate offense for the purposes of § 4B1.1.5”

With the above amendment, the panel has voted unanimously to deny the petition for rehearing. The full court was advised of the petition for rehearing en banc and no judge has requested a vote on whether to hear the matter en banc. Fed. R.App. P. 35.

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

1 . See also, 329 F.3d 1026 (9th Cir.2003).

2 . See also, 329 F.3d at 1030.