Tran

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30270 Plaintiff-Appellee, D.C. No. v. CR-06-00296-10-

HAO QUANG TRAN,  JCC

Western District of Defendant-Appellant. Washington, Seattle

 ORDER

Filed October 23, 2009

Before: Harry Pregerson, William C. Canby, Jr. and John T. Noonan, Circuit Judges.

Order; Dissent by Judge Gould

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 did not vote for a rehearing en banc. Fed. R. App. P. 35(f). The call for this case to be reheard en banc is DENIED.

14309 14310 UNITED STATES v. TRAN GOULD, Circuit Judge, with whom O’SCANNLAIN, KLEINFELD, TALLMAN, BYBEE, CALLAHAN, and BEA, Circuit Judges, join, dissenting from denial of rehearing en banc:

I respectfully dissent from the denial of rehearing en banc, believing that the majority opinion is in conflict with Jackson v. Virginia, 443 U.S. 307 (1979). Although the majority cites that case, its misapplication of Jackson v.…