Patterson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 00-30306 Plaintiff-Appellee, D.C. No. v.  CR 99-0081 EJL TOBY C. PATTERSON, D. Idaho Defendant-Appellant.  ORDER

Filed May 6, 2005

Before: John T. Noonan, A. Wallace Tashima, and Richard C. Tallman, Circuit Judges.

Order; Dissent by Judge Kozinski; Dissent by Judge Kleinfeld

ORDER

The panel has voted to deny the petition for panel rehear- ing, with Judge Tallman voting to grant it. Judge Tallman votes to grant the petition for rehearing en banc. Judges Noo- nan and Tashima recommend that the petition for rehearing en banc be denied. A judge of the court requested a vote on whether to rehear the matter en banc, but the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc rehearing.

The petition for panel rehearing and the petition for rehear- ing en banc are DENIED.

4865 4866 UNITED STATES v. PATTERSON KOZINSKI, Circuit Judge, with whom Judges O’SCANNLAIN, BYBEE, CALLAHAN and BEA join, dis- senting from denial of…