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UNITED STATES of America, Plaintiff-Appellee, v. Bryan Lynn Shumate, Defendant-Appellant.

ORDER

The opinion in this case, which appears at slip op. 6649 (9th Cir. 2003), is hereby amended as follows: the sentence commencing on the first line of slip op. 6657 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"

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

See also, 329 F.3d at 1030.

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.

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U.S. v. SHUMATE
(Aug 25, 2003)