Fort
United States v. Fort
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellant, v. No. 06-10473 EMILE FORT, aka Twin; EDGAR D.C. No. DIAZ, aka Hook; ROBERT CR-05-00167-WHA CALLOWAY, aka Papa, Defendants-Appellees.
UNITED STATES OF AMERICA,
Plaintiff-Appellee, No. 06-10478 v. D.C. No.
CR-05-00167-WHA
EMILE FORT, aka Twin; EDGAR DIAZ, aka Hook, ORDER Defendants-Appellants. Filed March 8, 2007
Before: Susan P. Graber, William A. Fletcher, and Richard C. Tallman, Circuit Judges.
Order; Concurrence by Judge Graber; Dissent by Judge Wardlaw
ORDER
Judges Graber and Tallman voted to deny the petition for panel rehearing and petition for rehearing en banc. Judge W. Fletcher voted to grant the petitions. 2645 2646 UNITED STATES v. FORT The full court was advised of the petition for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. On such vote, a majority of the nonrecused active judges failed to vote in favor of en banc rehearing.