United States v. Jose Luis Ortiz-Hernandez

441 F.3d 1061, 2006 U.S. App. LEXIS 7788, 2006 WL 802537

Opinions

ORDER

Judges Reavley and Tallman have voted to deny the petition for panel rehearing; Judge Tallman has voted to deny the petition for rehearing en bane and Judge Reavley so recommends. Judge W. Fletcher has voted to grant the petition for panel rehearing and the petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. 35.

The petition for panel rehearing and the petition for rehearing en banc are denied.