United States v. Fulvio Desantiago-Martinez

38 F.3d 394 UNITED STATES of America, Plaintiff-Appellee, v. Fulvio DESANTIAGO-MARTINEZ, Defendant-Appellant. No. 92-50373. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992 * . Decided Nov. 25, 1992. As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc Oct. 14, 1994. Kevin C. McLean, San Diego, CA, for defendant-appellant. Judith S. Feigin, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee. Appeal from the United States District Court for the Southern District of California. Before: FERGUSON, O'SCANNLAIN and RYMER, Circuit Judges. 1 Dissent by Judge FERGUSON. ORDER, DISSENT, AND AMENDED ORDER ORDER 2 The order filed November 25, 1992, 980 F.2d 582 , is amended as follows: 3 The dissent in this case is amended by adding the following part after part II and before the Conclusion at slip opinion, page 13809: 4 With these amendments, the majority of the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Ferguson would grant the petition for rehearing and recommends acceptance of the suggestion for rehearing en banc. 5 The full court was advised of the suggestion for rehearing en…

Dissent by

ORDER, DISSENT, AND AMENDED ORDER

ORDER

The order filed November 25, 1992, 980 F.2d 582 , is amended as follows: [Editor’s *395 Note: Amendments incorporated for purposes of publication].

The dissent in this case is amended by-adding the following part after part II and before the Conclusion at slip opinion, page 13809: [Editor’s Note: Amendments incorporated for purposes of publication].

With these amendments, the majority of the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Ferguson would grant the petition for rehearing and recommends acceptance of the suggestion for rehearing en bane.

The full court was advised of the suggestion for rehearing en bane. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the vote of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 85(b).

The petition for rehearing is DENIED and the suggestion for rehearing en banc is DENIED.

AMENDED ORDER

Fulvio DeSantiago-Martinez appeals his sentence, which was imposed after he pleaded guilty pursuant to the terms of a written plea…