United States v. Jose Emilio Cortez-Arias

ORDER

The opinion filed on April 18, 2005 and published at 403 F.3d 11.11, is AMENDED as follows.

Footnote 8 states:

Because the sentencing enhancement we address is based only on the fact of a prior conviction, our decision is unaffected by the Supreme Court’s recent holding in United States v. Booker , — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Moreno-Hernandez, 397 F.3d 1248, 1255 n. 8 (9th Cir.2005).

Footnote 8 is deleted in its entirety and replaced it with the following language:

Because Cortez-Arias waived all appellate rights except for the sole issue of whether…