U.S. v. Severino, 00-30161.
Decision Date | 26 February 2002 |
Docket Number | No. 00-30161.,00-30161. |
Citation | 284 F.3d 985 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Felix SEVERINO, Defendant-Appellant. |
Court | U.S. Court of Appeals — Ninth Circuit |
284 F.3d 985
UNITED STATES of America, Plaintiff-Appellee, v. Felix SEVERINO, Defendant-Appellant.
No. 00-30161.
United States Court of Appeals, Ninth Circuit.
Filed: February 26, 2002.
Before: SCHROEDER, Chief Judge.
SCHROEDER, Chief Judge.
Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.
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U.S. v. Severino
- United States
- United States Courts of Appeals. United States Court of Appeals (9th Circuit)
- January 14, 2003
...was harmless. See United States v. Severino, 268 F.3d 850 (9th Cir.2001). We subsequently took the case en banc. United States v. Severino, 284 F.3d 985 (9th Cir.2002). II Section 851 is a procedural statute; the facts and the law either exist to enhance defendant's sentence or they don't —......