U.S. v. PHELPS

No. 88-5294.

895 F.2d 1281 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Mark PHELPS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 13, 1990.


ORDER

En banc review of the court's opinion herein was requested by an active circuit judge. A majority of the active judges have voted to deny the request. En banc review is denied.

KOZINSKI, Circuit Judge, and four other Circuit Judges dissent from this order.

KOZINSKI, Circuit Judge, with whom Circuit Judges NORRIS, BRUNETTI, THOMPSON and O'SCANNLAIN concur, dissenting from the order rejecting the suggestion for rehearing en banc.

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