Horvath

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30447 Plaintiff-Appellee, v.  D.C. No.

CR-06-00004-DWM

WILLIAM CODY HORVATH,

ORDER

Defendant-Appellant.  Filed April 9, 2008

Before: Harry Pregerson, Pamela Ann Rymer, and Susan P. Graber, Circuit Judges.

Order; Concurrence by Judge Graber; Dissent by Judge Bea; Dissent by Chief Judge Kozinski

ORDER

Judges Pregerson and Graber voted to deny the petition for rehearing en banc, and Judge Rymer voted to grant it.

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. The majority of the nonrecused active judges failed to vote in favor of en banc rehearing.

The petition for rehearing en banc is DENIED. With this order the Clerk shall also file Judge Graber’s concurrence, Judge Bea’s dissent from denial, and Chief Judge Kozinski’s dissent from denial.

3683 3684 UNITED STATES v. HORVATH GRABER, Circuit Judge, with whom Judges WARDLAW, GOULD, and PAEZ, join, concurring in the denial of rehear- ing en banc:

I write…