Baza-Martinez
United States v. Baza-Martinez
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10282 Plaintiff-Appellee, D.C. No. v. RUBEN BAZA-MARTINEZ, aka Ruben CR-04-01640-JMR District of Arizona, Baza-Martines, Ruben Baza Tucson Martinex,
ORDER
Defendant-Appellant. Filed March 6, 2007
Before: Betty B. Fletcher, Robert R. Beezer, and Raymond C. Fisher, Circuit Judges.
Order; Dissent by Judge Graber
ORDER
The panel has voted to deny the petition for panel rehear- ing. Judge Fisher votes to deny the petition for rehearing en banc and Judges B. Fletcher and Beezer so recommend.
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 nonrecused active judges in favor of en banc con- sideration. Fed. R. App. P. 35.
The petition for panel rehearing and the petition for rehear- ing en banc are denied.
2459 2460 UNITED STATES v. BAZA-MARTINEZ GRABER, Circuit Judge, with whom KOZINSKI,