Argued and Submitted April 18, 2013—San Francisco, California
Amended August 28, 2013
Appeal from the United States District Court for the Eastern District of California, D.C. Nos. 1:08-cr-00224-OWW-11, 1:08-cr-00224-OWW-12, Oliver W. Wanger, Senior District Judge, Presiding.
John Balazs, Sacramento, CA, argued the cause and filed a brief for defendant-appellant Gary L. Ermoian.
Jerald Brainin, Los Angeles, CA, argued the cause and filed a brief for defendant-appellant Stephen J. Johnson.
Mark E. Cullers and Laurel J. Montoya, Assistant United States Attorneys, Fresno, CA, argued the cause and filed a brief for plaintiff-appellee United States of America. With them on the brief were Benjamin J. Wagner, United States Attorney, Fresno, CA, and Camil A. Skipper, Appellate Chief, Fresno, CA.
Before: Alfred T. Goodwin, Diarmuid F. O'Scannlain, and N. Randy Smith, Circuit Judges.
ORDER AND AMENDED OPINION
The panel amended an opinion filed August 14, 2013, in a case in which the panel held that a criminal investigation is not an "official proceeding" under the federal statute criminalizing obstruction of justice, 18 U.S.C. § 1512.
In the amended opinion, the panel reversed and remanded to the district court so that it may enter a judgment of acquittal on the obstruction of justice charges and resentence defendant Johnson.
The opinion filed in this case on August 14, 2013 is amended as follows:
In the final sentence on page seventeen of the slip opinion, add "and resentence Johnson" after the word "charges" and before the period.
An amended opinion is filed concurrently with this order.
O'SCANNLAIN, Circuit Judge.