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UNITED STATES v. BAZA-MARTINEZ

No. 05-10282.

481 F.3d 690 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben BAZA-MARTINEZ, aka Ruben Baza-Martines, Ruben Baza Martinex, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 6, 2007.

Attorney(s) appearing for the Case

Elizabeth R. Berenguer, Esq., USTU — Office of the U.S. Attorney Evo A. Deconcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.

Brian I. Rademacher, Esq., Michaela Portillo, Esq., Fpdaz — Federal Public Defender's Office, Tucson, AZ, for Defendant-Appellant.

Before BETTY B. FLETCHER, ROBERT R. BEEZER, and RAYMOND C. FISHER, Circuit Judges.

ORDER

The panel has voted to deny the petition for panel rehearing. Judge Fisher votes to deny the petition for rehearing en banc and Judges B. Fletcher and Beezer so recommend.

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 majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

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