of Vicki Weaver. The U.S. Attorney filed a notice of removal of the case to federal court, which automatically took effect under the statute for removal jurisdiction where the case was dismissed by U.S. District Judge Edward Lodge on May 14, 1998, who cited the supremacy clause of the Constitution which grants immunity to federal officers acting in the scope of their employment. The decision to dismiss the charges was reversed by an en banc panel of the Ninth Circuit, which held that enough uncertainty about the facts of the case existed for Horiuchi to stand trial on state manslaughter charges. Ultimately, the then-sitting Boundary County prosecutor, Brett Benson, who had defeated Woodbury in the 2000 election, decided to drop the charges, because he felt it was unlikely the state could prove the case and too much time had passed. Yagman, the special prosecutor, responded that he "could not disagree more with this decision than I do." The Ninth Circuit granted Boundary County's motion to dismiss the case against Horiuchi on September 14, 2001. Waco On September 13, 1993, Charles Riley, a fellow FBI sniper deployed during the Waco Siege claimed that he had heard Horiuchi shooting from "Sierra One", an FBI-held house in front of the compound holding eight snipers, including Horiuchi and Christopher Curran, on April 19, 1993. Riley later retracted his statement, saying that he had been misquoted, and that he had only heard snipers at Sierra One announce that shots had been fired by Branch Davidians. Riley later clarified that he had heard a radio report from Sierra One that someone at that position had witnessed gunfire from within the compound. The Committee on Government reform notes that "There is no evidence that HRT snipers stationed at a house (designated the Sierra One sniper position) across the Double EE Ranch Road from the compound fired shots on April 19, 1993." Three of the twelve expended .308 Winchester casings that the Texas Rangers reported finding in the house were at Horiuchi's position. However, officials maintain that they were left behind from the earlier use of the house by the Bureau of Alcohol, Tobacco, Firearms and Explosives snipers on February 28, 1993. The recovered casings at the house were tested and identified by the Texas Rangers and the Office of Special Counsel matched them to weapons used by the Bureau of Alcohol, Tobacco and Firearms on February 28,