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United States v. Salvador Aviles, United States of America v. Miguel Angel Barrenechea, United States of America v. Rafael Cornejo, United States of America v. Carlos A. Perez

Citations: 216 F.3d 881; 2000 Cal. Daily Op. Serv. 5363; 2000 Daily Journal DAR 7149; 2000 U.S. App. LEXIS 18106Docket: 97-10251

Court: Court of Appeals for the Ninth Circuit; June 30, 2000; Federal Appellate Court

Narrative Opinion Summary

The document is a court order from the United States Court of Appeals for the Ninth Circuit, filed on June 30, 2000, concerning multiple defendants: Salvador Aviles, Miguel Angel Barrenechea, Rafael Cornejo, and Carlos A. Perez. The order recalls a previous mandate and amends a prior opinion dated August 8, 1998, which was reported at 170 F.3d 863. Key amendments include: - In section 7-10, line 6, the phrase "these times not counting" is replaced with "the seventy day period excluding." - In line 7, "or" is changed to "and." - In line 8, a citation correction is made from "United States v. Springer, 51 F.3d 861, 865 (9th Cir. 1995)" to "United States v. Wirsing, 867 F.3d 1227, 1230 n.6 (9th Cir. 1989)." The order is issued by a panel consisting of Circuit Judges John T. Noonan, Stephen S. Trott, and Evan J. Wallach, who is sitting by designation.

Legal Issues Addressed

Amendment of Judicial Opinions

Application: The court has the authority to recall a mandate and amend a prior opinion to correct or clarify legal statements and citations.

Reasoning: The order recalls a previous mandate and amends a prior opinion dated August 8, 1998, which was reported at 170 F.3d 863.

Correction of Legal Citations

Application: The court amended the opinion to correct the citation from an incorrect case reference to the correct one, ensuring accurate legal referencing.

Reasoning: In line 8, a citation correction is made from 'United States v. Springer, 51 F.3d 861, 865 (9th Cir. 1995)' to 'United States v. Wirsing, 867 F.3d 1227, 1230 n.6 (9th Cir. 1989).'

Modification of Legal Wording

Application: The court modified specific language in the opinion to provide clarity in legal interpretation concerning timing and conditions.

Reasoning: In section 7-10, line 6, the phrase 'these times not counting' is replaced with 'the seventy day period excluding.'