No. 00-30306.

359 F.3d 1190 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Toby C. PATTERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2004.

Attorney(s) appearing for the Case

Nancy D. Cook, Esq., Office of the U.S. Attorney, Coeur d'Alene, ID, for Plaintiff-Appellee.

Gerald R. Smith, FPDWA-Federal Public Defender's Office (Eastern WA & ID), Spokane, WA, for Defendant-Appellant.

Before: John T. Noonan, A. Wallace Tashima, and Richard C. Tallman, Circuit Judges.


Appellant's petition for panel rehearing is granted, with Judge Tallman voting to deny the petition. The opinion filed on May 16, 2002, and reported at 292 F.3d 615, is withdrawn.


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