United States of America, Plaintiff-Appellee-Cross-Appellant v. Alvaro Plancarte-Alvarez, Defendant-Appellant-Cross-Appellee

ORDER AMENDING OPINION

ORDER

Alvaro Planearte-Alvarez has filed a petition for panel rehearing and petition for rehearing en banc. We issued an order on August 13, 2004 deferring decision on the petitions pending the Supreme Court’s decision in United States v. Booker, No. 04-104, and United States v. Fanfan, No. 04-105. Following issuance of the Supreme Court’s opinion in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we issued an order on July 26, 2005 directing the parties to address the effect of the Booker decision on the present case.

Planearte-Alvarez…