The Ninth Circuit Court of Appeals today released an amended order in USA v. JENKINS, No. 06-50049, a criminal appeal. The panel consisted of William C. Canby, Jr. and Sidney R. Thomas, Circuit Judges, and Suzanne B. Conlon, District Judge.

CANBY, Circuit Judge:
The United States appeals the district court’s dismissal of an indictment of Sharon Ann Jenkins for alien smuggling. The . . .

The majority opinion filed by this court on July 17, 2007, slip op. at 8677, is amended as follows:
At slip op. p. 8687, delete the second and third sentences on the page and the included citations and parentheticals (thus deleting the material beginning “The fact that separate charges . . .” and ending “. . . from associated individuals.”), and insert the following passage in place of the deleted passage: The government relies on United States v. Martinez, 785 F.2d 663 (9th Cir. 1986). Martinez cited United States v. Robison, 644 F.2d 1270, 1272 (9th Cir. . . .

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