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U.S. v. CEBALLOS-MARTINEZ

No. 02-2273.

387 F.3d 1140 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando CEBALLOS-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed June 16, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:* Alonzo J. Padilla, Assistant Federal Public Defender, Albuquerque, NM, for Plaintiff-Appellant.

David C. Iglesias, United States Attorney, and David N. Williams, Assistant United States Attorney, Office of the United States Attorney, Albuquerque, NM, for Defendant-Appellee.

Before TACHA, Chief Circuit Judge, McKAY, and McCONNELL, Circuit Judges.

ORDER

TACHA, Chief Circuit Judge.

Upon further consideration of appellant's petition for rehearing, the court called for an en banc poll.

The petition for rehearing was transmitted to the en banc court, which is composed of all of the judges of the court who are in regular active service, and is denied. Judges Henry, Briscoe, Lucero, and Hartz would grant rehearing.

HARTZ, Circuit Judge, dissenting, with whom BRISCOE and LUCERO, Circuit Judges...

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