United States v. Kirk Rishor

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kirk RISHOR, Defendant-Appellant. No. 93-30402. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided Jan. 4, 1995. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. ORDER 1 The motion of appellant Kirk Rishor made by and through Gerald R. Smith, his attorney, requesting us to vacate and reissue the memorandum decision is granted. The memorandum disposition filed April 11, 1994 is withdrawn and the mandate issued herein is recalled. 2 The memorandum disposition is ordered refiled as of the date of this order and thereafter the mandate shall issue forthwith. 3 Petitions to vacate and reissue a disposition or to recall a mandate are disfavored. Such motions are granted by this court upon showing of extraordinary circumstances only. Zipfel v. Halliburton Co., 861 F.2d 565, 567-68 (9th Cir.1988). We admonish counsel that repeated failure…