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U.S. v. ATENCIO

No. 05-2279.

476 F.3d 1099 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Harris ATENCIO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 17, 2007.

Attorney(s) appearing for the Case

Susan B. Dunleavy, Assistant Federal Public Defender, Office of the Federal Public Defender, Albuquerque, NM, for the Defendant-Appellant.

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, Office of the United States Attorney, with him on the brief) Albuquerque, NM, for the Plaintiff-Appellee.

Before TACHA, Chief Judge, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

ORDER DENYING INITIAL EN BANC REVIEW

A member of the active court sua sponte called for a poll of the court to determine whether this case would be set for initial en banc review. Judges Tacha, Kelly, Briscoe, Murphy, Tymkovich and Gorsuch voted to grant initial en banc review. All other active members of the court voted to deny. A majority vote being necessary to order en banc consideration, initial en banc consideration...

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