United States v. Garcia-Lara

Opinion

FILED

United States Court of Appeals Tenth Circuit

December 4, 2007

PUBLISH Elisabeth A. Shumaker Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff - Appellant,

v. No. 06-3054

GUADALUPE ALBERTO GARCIA-LARA, JR., also known as Jose Perez-Gonzales, also known as Armando Preciado-Ramirez,

Defendant - Appellee.

ORDER

Before TACHA, Chief Circuit Judge, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O’BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

Defendant-Appellee’s petition for rehearing, or, in the alternative, to abate decision on rehearing pending the decision of the Supreme Court in Gall v. United States, No. 07-7949, is denied by the panel. Judge Lucero votes to grant rehearing, or, in the alternative, to abate decision on rehearing pending the decision in Gall.

The petition for rehearing en banc was transmitted to all of the judges of

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the court who are in regular active service. A poll was requested and Judges Briscoe, Lucero, Murphy, and O’Brien voted to grant rehearing. Judges Briscoe, Lucero, Murphy, O’Brien, and Tymkovich voted in the alternative to abate decision on rehearing en banc pending Gall.

The petition is therefore denied.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk