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U.S. v. VARGAS-AMAYA

No. 03-50577.

408 F.3d 1227 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Dante VARGAS-AMAYA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 25, 2005.

Attorney(s) appearing for the Case

Carol C. Lam, U.S. Attorney, Renee M. Bunker, Assistant U.S. Attorney (on brief and at oral argument), and Larry E. Spong, Assistant U.S. Attorney (on Government's Petition for Rehearing and Rehearing En Banc), Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

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

Before: T.G. NELSON, TASHIMA, and FISHER, Circuit Judges.

Dissent by Judge CALLAHAN.

ORDER

The panel has voted to deny the government's petition for panel rehearing. Judge Fisher votes to deny the petition for rehearing en banc, and Judges T.G. Nelson and Tashima so recommend. A judge of the court requested a vote on whether to rehear the matter en banc, but the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc rehearing.

The petition for panel rehearing...

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