United States v. Mayer

560 F.3d 948, 2009 U.S. App. LEXIS 8245, 2009 WL 650411

Opinions

Order; Dissent to Order by Chief Judge KOZINKI; Opinion by

N.R. SMITH.

ORDER

The opinion in the above-captioned matter filed on June 30, 2008, and published at 530 F.3d 1099, is WITHDRAWN. The superseding opinion shall be filed concurrently with this order.

Having made the foregoing amendments to the opinion, all judges on the panel have voted to deny Defendant/Appellee’s Petition for Panel Rehearing, and so that petition is DENIED.

The full court has been advised of Defendant/Appellee’s Petition for Rehearing En Banc, and a judge of this court requested a vote on whether this case should be reheard en banc; however, a majority of the active judges did not vote in favor of en banc consideration. Fed. RApp. P. 35. Accordingly, the Petition for Rehearing En Banc is also DENIED.