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U.S. v. LEMUS

No. 08-50403.

596 F.3d 512 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Herman LEMUS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 18, 2010.

Attorney(s) appearing for the Case

Randy K. Jones, Esquire, Kyle W. Hoffman, Assistants U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Jeremy Warren, Law Offices of Jeremy D. Warren, San Diego, CA, for Defendant-Appellant.

D.C. No. 3:07-cr-03238-VQH-1, Southern District of California, San Diego.

Before: RONALD M. GOULD, JOHNNIE B. RAWLINSON and JAY S. BYBEE, Circuit Judges.

ORDER

A judge of this court sua sponte called for this case to be reheard en banc. A vote was taken, and a majority of the active judges of the court did not vote for a rehearing en banc. Fed. R.App. P. 35(f). The call for this case to be reheard en banc is DENIED.

Chief Judge KOZINSKI, with whom Judge PAEZ joins, dissenting from the denial of rehearing en banc:

This is an extraordinary case...

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