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U.S. v. FORT

Nos. 06-10473, 06-10478.

478 F.3d 1099 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Emile FORT, aka Twin; Edgar Diaz, aka Hook; Robert Calloway, aka Papa, Defendants-Appellees. v. Emile Fort, aka Twin; Edgar Diaz, aka Hook, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 8, 2007.

Attorney(s) appearing for the Case

Erika R. Frick, USSF—Office of the U.S. Attorney, Anjali Chaturvedi, Organized Crime Strike Force, San Francisco, CA, for Plaintiff-Appellant.

Michael Satris, Esq., Bolinas, CA, Harry C. Singer, Esq., John D. Cline, Esq., Martha Boesch, Esq., Jones Day, Tony Tamburello, Esq., Michael N. Burt, Dep. Pub. Def., San Francisco, CA, Seth P. Chazin, Esq., Albany, CA, Michael P. Thorman, Esq., Bonjour, Gough & Thorman, Hayward, CA, for Defendants-Appellees.

Before SUSAN P. GRABER, WILLIAM A. FLETCHER, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

Judges Graber and Tallman voted to deny the petition for panel rehearing and petition for rehearing en banc. Judge W. Fletcher voted to grant the petitions.

The full court was advised of the petition for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. On such vote, a majority of the nonrecused active judges failed to vote in favor of en banc rehearing.

The petition for panel rehearing and petition...

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