FILED
NOT FOR PUBLICATION MAR 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50422
Plaintiff - Appellee, D.C. No. 8:05-cr-00301-CJC-1
Central District of California,
v. Santa Ana
COLIN NATHANSON,
ORDER
Defendant - Appellant.
Before: GOODWIN and RAWLINSON, Circuit Judges, and ZOUHARY, District
Judge.*
The memorandum disposition filed on December 15, 2010, is hereby
amended as follows:
The last sentence of the paragraph numbered 2, beginning of page 2 of the
disposition and continuing to page 3 is deleted. The following language is no
longer included in the disposition: Despite Nathanson’s argument that he did not
organize or lead another criminally culpable participant, this enhancement may be
applied without an express finding of such conduct where the defendant
*
The Honorable Jack Zouhary, District Judge for the U.S. District
Court for Northern Ohio, Toledo, sitting by designation.
“nevertheless exercised management responsibility over the property, assets, or
activities of a criminal organization.” U.S.S.G. § 3B1.1 cmt. n.2 (2008).
With this amendment, Colin Nathanson’s Petition for Rehearing and
Suggestion for Rehearing En Banc, filed on January 28, 2011, is DENIED. No
additional petitions for rehearing will be entertained by the panel.
The full court has been advised of the Suggestion for Rehearing En Banc,
and no judge of the court has requested a vote.
Appellant Colin Nathanson’s Petition for Rehearing filed on January 28,
2011, is DENIED, and the Suggestion for Rehearing En Banc is REJECTED.
2 09-50422