United States v. Smith
545 F.3d 1105·2008 WL 4470972·2008 U.S. App. LEXIS 20572
United States Court of Appeals for the Ninth CircuitSeptember 30, 2008No. 05-50375California45 words
Lead Opinion
Kozinski, J.
ORDER
Upon the vote of a majority of nonre-cused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.