U.S. v. CHEELY

Nos. 92-30257, 92-30504.

36 F.3d 1439 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond D. CHEELY, Jr.; Douglas P. Gustafson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1994.

Amended October 3, 1994.


Attorney(s) appearing for the Case

Wevley William Shea, U.S. Atty., District of Alaska, Anchorage, AK, James S. Reynolds, Dept. of Justice, John F. De Pue, Dept. of Justice, Mark H. Bonner, Asst. U.S. Atty., Mary Incontro, Tammy Haimov, Dept. of Justice, Washington, DC, for plaintiff-appellant.

Nancy Shaw, Federal Public Defender, Anchorage, AK, Richard Kammen, McClure, McClure & Kammen, Indianapolis, IN, James H. McComas, Schleuss & McComas, Richard H. Friedman, Friedman & Rubin, Rich Curtner, Asst. Public Defender, Anchorage, AK, for defendants-appellees.

Before: SCHROEDER, FLETCHER, and ALARCON, Circuit Judges.


Opinion by Judge FLETCHER; Concurrence and Dissent by Judge ALARCON.

ORDER

Although no petition for rehearing was filed, and no request for en banc rehearing was made by the parties, a member of the court requested en banc rehearing of this appeal. The request was put to a vote of all active non-recused judges. The request did not secure the required majority vote of the active non-recused members of the court.

The panel, of its own motion, called...

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