United States v. Toby C. Patterson

359 F.3d 1190 UNITED STATES of America, Plaintiff-Appellee, v. Toby C. PATTERSON, Defendant-Appellant. No. 00-30306. United States Court of Appeals, Ninth Circuit. Filed March 4, 2004. Nancy D. Cook, Esq., Office of the U.S. Attorney, Coeur d'Alene, ID, for Plaintiff-Appellee. Gerald R. Smith, FPDWA-Federal Public Defender's Office (Eastern WA & ID), Spokane, WA, for Defendant-Appellant. Before: John T. Noonan, A. Wallace Tashima, and Richard C. Tallman, Circuit Judges. ORDER 1 Appellant's petition for panel rehearing is granted, with Judge Tallman voting to deny the petition. The opinion filed on May 16, 2002, and reported at 292 F.3d 615 , is withdrawn.