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U.S. v. ORTIZ-HERNANDEZ

Nos. 03-30355, 03-30371, 03-30356.

441 F.3d 1061 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Luis ORTIZ-HERNANDEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 2006.

Attorney(s) appearing for the Case

Kent S. Robinson, AUSA, Office of the U.S. Attorney, Portland, OR, for Plaintiff-Appellant.

Stephen R. Sady, Esq., Paul Papak Fax, Federal Public Defender'S Office, Portland, OR, for Defendant-Appellee.

Before THOMAS M. REAVLEY, WILLIAM A. FLETCHER, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

Judges Reavley and Tallman have voted to deny the petition for panel rehearing; Judge Tallman has voted to deny the petition for rehearing en banc and Judge Reavley so recommends. Judge W. Fletcher has voted to grant the petition for panel rehearing and the petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a...

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