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U.S. v. SIGMOND-BALLESTEROS

No. 00-50408.

309 F.3d 545 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan SIGMOND-BALLESTEROS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2002.

Attorney(s) appearing for the Case

Patrick K. O'Toole, United States Attorney (on brief), Carol C. Lam, United States Attorney (when opinion was filed), David P. Curnow, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for Plaintiff-Appellee.

Vince J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Before: FERGUSON, TASHIMA, and FISHER, Circuit Judges.

Order; Dissent by Judge KLEINFELD

ORDER

Judges Tashima and Fisher have voted to deny the petition for rehearing en banc and Judge Ferguson so recommends.

A judge of the court requested a vote on en banc rehearing, but the vote failed to secure a majority of the nonrecused, active judges of the court.

The petition for rehearing en banc is denied.

KLEINFELD, Circuit Judge, with whom Circuit Judges KOZINSKI, O'SCANNLAIN, T.G. NELSON...

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