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U.S. v. CASTILLO-BASA

No. 05-50768.

494 F.3d 1217 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Buenaventura CASTILLO-BASA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 24, 2007.

Attorney(s) appearing for the Case

U.S. Attorneys Office, Kyle W. Hoffman, Valerie Chu, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Michael Edmund Burke, Law Office of Eugene G. Iredale, San Diego, CA, for Defendant-Appellant.

Before: STEPHEN REINHARDT, STEPHEN S. TROTT, and KIM McLANE WARDLAW, Circuit Judges.

Order; Dissent by Judge CALLAHAN.

ORDER

An active judge sua sponte called for rehearing 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(b).

The sua sponte call for rehearing en banc is rejected.

CALLAHAN, Circuit Judge, with whom O'SCANNLAIN, KLEINFELD, TALLMAN, and BEA, Circuit Judges, join, dissenting from the denial of rehearing...

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