U.S. v. HORVATH

No. 06-30447.

522 F.3d 904 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. William Cody HORVATH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 9, 2008.


Attorney(s) appearing for the Case

Joshua A. Van De Wetering, Esq., USMI-Office of the U.S. Attorney, Missoula, MT, Kevin R. Gingras, Esq., DOJ-U.S. Department of Justice Criminal Division/Appellate Section, Washington, DC, for Plaintiff-Appellee.

Daniel R. Wilson, P.C., Kalispell, MT, for Defendant-Appellant.

Order; Concurrence by Judge GRABER; Dissent by Judge BEA; Dissent by Chief Judge KOZINSKI.


ORDER

Judges Pregerson and Graber voted to deny the petition for rehearing en banc, and Judge Rymer voted to grant it.

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. The majority of the nonrecused active judges failed to vote in favor of en banc rehearing.

The petition for rehearing en banc is DENIED. With this order the Clerk shall also file Judge...

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