Stephens

United States v. Stephens

Good Law
United States Court of Appeals for the Ninth CircuitMarch 7, 200604-50170California1,947 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50170 Plaintiff-Appellee, D.C. No. v. CR-00-03718 ANTONIO D. STEPHENS,  Southern District Defendant-Appellant. of California, San Diego

 ORDER

Filed March 8, 2006

Before: Stephen Reinhardt, Andrew J. Kleinfeld and Richard R. Clifton, Circuit Judges.

Order; Dissent by Judge Tallman

ORDER

The majority of the panel has voted to deny the petition for rehearing and rehearing en banc. Judge Clifton would grant the petition.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the mat- ter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc reconsideration. FED. R. APP. P. 35.

The petition for rehearing and rehearing en banc is denied.

2321 2322 UNITED STATES v. STEPHENS TALLMAN, Circuit Judge, with whom WARDLAW, RAWLINSON, CLIFTON, BYBEE, CALLAHAN, and BEA, Circuit Judges, join, dissenting from denial of rehearing en banc:

Today, by ignoring the plain…

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