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17-10339 - USA v. Wallace Shimabukuro, Jr.


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17-10339 - USA v. Wallace Shimabukuro, Jr.
April 12, 2018
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FILED PER CURIAM OPINION (SIDNEY R. THOMAS, MICHELLE T. FRIEDLAND and FERNANDO M. OLGUIN) VACATED AND REMANDED WITH INSTRUCTIONS THAT DEFENDANT BE IMMEDIATELY RELEASED FROM CUSTODY. THE MANDATE SHALL ISSUE FORTHWITH. FILED AND ENTERED JUDGMENT. [10834957]
April 20, 2018
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Filed order and amended opinion (SIDNEY R. THOMAS, MICHELLE T. FRIEDLAND and FERNANDO M. OLGUIN). Appellant’s unopposed motion to recall the mandate is GRANTED for the limited purpose of amending the opinion filed on April 12, 2018 as follows: In footnote 3 on page 4 of the slip opinion, the first sentence “The amended version . . . engage in such aggregation” is replaced with “The amended version of § 3583 makes clear that courts no longer need to engage in such aggregation.”; and on page 5 of the slip opinion, the phrase “AND REMANDED WITH INSTRUCTIONS THAT DEFENDANT BE IMMEDIATELY RELEASED FROM CUSTODY” is deleted. With the foregoing amendments, the amended opinion is hereby filed, and the mandate shall reissue forthwith. [10844003]