United States v. Emile Fort, AKA Twin Edgar Diaz, AKA Hook Robert Calloway, AKA Papa v. Emile Fort, AKA Twin Edgar Diaz, AKA Hook

478 F.3d 1099, 2007 WL 686615

Opinions

ORDER

Judges Graber and Tallman voted to deny the petition for panel rehearing and petition for rehearing en banc. Judge W. Fletcher voted to grant the petitions.

The full court was advised of the petition for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. On such vote, a majority of the nonrecused active judges failed to vote in favor of en banc rehearing.

The petition for panel rehearing and petition for rehearing en banc are DENIED. Judge Wardlaw’s dissent from denial of en banc rehearing, and Judge Graber’s concurrence in denial of en banc rehearing, are filed concurrently herewith.