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U.S. v. JENKINS

No. 06-50049.

518 F.3d 722 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Sharon Ann JENKINS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 4, 2008.

Attorney(s) appearing for the Case

Bruce R. Castetter, Roger W. Haines, Jr., Esq., Neville S. Hedley, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellant.

Martin G. Molina, Esq., San Diego, CA, for Defendant-Appellee.

Before: WILLIAM C. CANBY, JR. and SIDNEY R. THOMAS, Circuit Judges, and SUZANNE B. CONLON, District Judge.

Order; Dissent by Chief KOZINKSI; Dissent by Judge O'SCANNLAIN.

ORDER

Judge Thomas voted to deny the petition for rehearing en banc and Judge Canby so recommended. Judge Conlon recommended granting the petition for rehearing en banc.

The petition for en banc rehearing has been circulated to the full court. 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...

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