United States v. Juventino Mejia-Orosco

ON PETITION FOR REHEARING

Before CLARK, Chief Judge, HIGGINBOTHAM, Circuit Judge, and LITTLE * , District Judge. PER CURIAM:

On petition for rehearing, Mejia-Orosco correctly points out that 18 U.S.C. § 3742(d), now renumbered § 3742(e), was amended in November of 1988 by the Anti-Drug Abuse Act of 1988. See P.L. 100-690, reprinted in 1988 U.S.Code Cong. & Admin.News at 102 Stat. 4181, 4417. Neither side reported this amendment in its briefs, or at oral argument. However, the amendment supports our original opinion, to which we adhere.

Prior to November 18, 1988, section 3742(d) stated, in part,…