Alderman

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30186 Plaintiff-Appellee, D.C. No. v. CR-06-00117-001-

CEDRICK BERNARD ALDERMAN,

Defendant-Appellant.  JCC Western District of Washington, Seattle

 ORDER

Filed February 3, 2010

Before: Betty B. Fletcher, M. Margaret McKeown and Richard A. Paez, Circuit Judges.

Order; Dissent by Judge O’Scannlain

ORDER

Judges McKeown and B. Fletcher vote to deny the petition for panel rehearing. Judge Paez votes to grant the petition for panel rehearing. Judge McKeown votes to deny the petition for rehearing en banc and Judge B. Fletcher so recommends. Judge Paez votes to grant the petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc. After a request for a vote by an active judge, 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). 1983 1984 UNITED STATES v. ALDERMAN The petition for panel rehearing and rehearing en banc is

DENIED.

O’SCANNLAIN, Circuit Judge, dissenting from the…