United States v. Agnes Holbrook

376 F.3d 259, 2004 U.S. App. LEXIS 15039, 2004 WL 1624686

Opinions

ORDER

Appellant filed a petition for rehearing and rehearing en banc.

Judges Williams and Duncan voted to deny the petition for rehearing, and Judge King voted to grant panel rehearing.

A member of the Court requested a poll on the petition for rehearing en banc. Judges Widener, Niemeyer, Michael, Motz and King voted to grant rehearing en banc. Chief Judge Wilkins and Judges Wilkinson, Luttig, Williams, Traxler, Gregory, Shedd, and Duncan voted to deny rehearing en banc.

The petition for rehearing is denied, and, because the poll on rehearing en banc failed to produce a majority of judges in active service in favor of rehearing en banc, the petition for rehearing en banc is also denied. Judge King wrote an opinion dissenting from the denial of rehearing en banc.