U.S. v. Soueiti

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BASSAM SOUEITI…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 2, 1998

162 F.3d 1035 (9th Cir. 1998)

Opinion

No. 97-50210

Submitted^_ March 2, 1998 — Pasadena, California.

_ The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4.

Filed September 2, 1998 Amended December 23, 1998

Appeal from the United States District Court for the Central District of California Linda H. McLaughlin, District Judge, Presiding, D.C. No. CR-96-00074-LHM-1.

Before: Charles Wiggins and Andrew J. Kleinfeld, Circuit Judges, and Fern M. Smith,^__ District Judge.

__ The Honorable Fern M. Smith, United States District Judge for the Northern District of California, sitting by designation.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND AMENDED OPINION

SUMMARY ORDER

[3] The slip opinion filed September 2, 1998, at 10095 is amended as follows:

Page 10098, lines 1 through 5:

Change the sentence beginning "The district judge expressly found . . ." to "The district judge stated that "the court holds the defendant" to his promise in the plea agreement to stand silent on the issue of exercising discretion to deport and "[a]ccordingly, the Court has not read or considered" the papers defense counsel filed on this issue."

With the above amendment to the opinion, appellant's petition for rehearing by the panel is DENIED and the motion for clarification and reconsideration is GRANTED.