No. 05-10086.

474 F.3d 1149 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Rachel Alaffa JERNIGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 23, 2007.

Attorney(s) appearing for the Case

Michael T. Morrissey, Esq., USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Thomas M. Hoidal, Esq., Hoidal & Hannah, PLC, Phoenix, AZ, for Defendant-Appellant.

Before MARY M. SCHROEDER, Chief Judge.


Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the...

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