United States v. Ankeny

Opinion by Judge GRABER; Dissent by Judge REINHARDT.

ORDER

The government’s request for clarification is GRANTED. The opinion filed on June 19, 2007, is amended as follows:

*832On slip opinion page 7239 (490 F.3d 744, 756), replace the last sentence of footnote 7 with:

We need not decide whether the amendment applies retroactively, though, because the government — despite later assertions to the contrary — never argued in briefing or oral argument that the amendment should apply retroactively. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (“[0]n appeal, arguments not raised by a party in its…