United States v. Black
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10640 Plaintiff-Appellee, D.C. No. v. CR-04-00093-LDG District of Nevada,
JASPER BLACK,
Defendant-Appellant. Las Vegas
ORDER
Filed April 10, 2007
Before: Betty B. Fletcher and Marsha S. Berzon, Circuit Judges, and David G. Trager,* Senior Judge.
Order; Dissent by Judge Kozinski
ORDER
Judges B. Fletcher and Trager voted to deny the petition for panel rehearing. Judge Berzon voted to grant the petition for panel rehearing. Judge Berzon voted to grant the petition for rehearing en banc and Judges B. Fletcher and Trager recom- mended denial of the petition for rehearing en banc.
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 Honorable David G. Trager, Senior United States District Judge for the Eastern District of New York, sitting by designation.