United States v. Patricia Paul

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-30125 Plaintiff-Appellee, D.C. No. v. 4:05-cr-00167-SEH PATRICIA BETTERMAN PAUL, District of Montana, Defendant-Appellant. Great Falls

ORDER DENYING

 SUA SPONTE

CALL FOR

REHEARING EN

BANC;

CONCURRENCE

IN THE ORDER;

DISSENT TO THE

 ORDER

Filed September 30, 2009

Before: Stephen Reinhardt, Cynthia Holcomb Hall and Milan D. Smith, Jr., Circuit Judges.

ORDER

A judge of this court sua sponte called for this case to be reheard en banc. A vote was taken, and a majority of the active judges of the court failed to vote for a rehearing en banc. Fed. R. App. P. 35(f). The call for this case to be reheard en banc is DENIED.

14037 14038 UNITED STATES v. PAUL REINHARDT and M. SMITH, Circuit Judges, concurring in the denial of rehearing en banc:

Although this case presented “the question whether a dis- trict court can disregard the spirit and express instructions of an appellate court’s mandate to reconsider an unreasonable sentence,” United States v. Paul, 561 F. 3d…