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U.S. v. PINEDA-MORENO

No. 08-30385.

617 F.3d 1120 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Juan PINEDA-MORENO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 12, 2010.

Attorney(s) appearing for the Case

Judith Harper , Assistant U.S. Attorney, USME-Office of the U.S. Attorney, Medford, OR, Amy Potter , Assistant U.S. Attorney, Office of the U.S. Attorney, Portland, OR, for Plaintiff-Appellee.

Harrison Latto , Portland, OR, for Defendant-Appellant.

D.C. No. 1:07-CR-30036-PA, District of Oregon, Medford.

Order; Dissent by Chief Judge Kozinski; Dissent by Judge Reinhardt.

ORDER

Judges O'Scannlain and N.R. Smith have voted to deny the petition for rehearing en banc, and Judge Wolle has so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

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