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U.S. v. SCOTT

No. 04-10090.

450 F.3d 863 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond Lee SCOTT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2005.

Amended June 9, 2006.

Attorney(s) appearing for the Case

Paul L. Pugliese, Assistant United States Attorney, Reno, NV, for the plaintiff-appellant.

Michael K. Powell and Cynthia S. Hahn, Reno, NV, for the defendant-appellee.

Before ALEX KOZINSKI, W. FLETCHER and JAY S. BYBEE, Circuit Judges.

ORDER

The opinion and dissent filed September 9, 2005, and reported at 424 F.3d 888, is withdrawn, and is replaced by the Amended Opinion and Amended Dissent, 04-10090. The petition for rehearing is otherwise denied.

A judge requested a vote on whether to rehear this case en banc. The case failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. See Fed. R.App....

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