JUDGMENT ISSUED.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Flores-Figueroa v. United States, 556 U. S. ___ (2009). (orders list)

DISTRIBUTED for Conference of May 14, 2009.

DISTRIBUTED for Conference of October 17, 2008.

Brief of respondent United States filed.

Order extending time to file response to petition to and including September 17, 2008.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2008)

Nicasio Mendoza-Gonzalez, Petitioner, represented by B. John Burns

United States, Respondent, represented by Gregory G. Garre

United States, Respondent, represented by Elena Kagan

United States, Respondent, represented by Edwin S. Kneedler