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U.S. v. EASTERDAY

No. 07-10347.

564 F.3d 1004 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jack E. EASTERDAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2008.

Amended April 27, 2009.

Attorney(s) appearing for the Case

Gregory V. Davis, Washington, D.C., for plaintiff-appellee United States of America.

Dennis P. Riordan, San Francisco, CA, for defendant-appellant Jack E. Easterday.

Opinion by Judge SCHROEDER; Dissent by Judge N.R. SMITH.

ORDER

The opinion filed August 22, 2008, and appearing at 539 F.3d 1176 (9th Cir.2008), is hereby amended. The amended opinion is filed concurrently with this Order.

With this amendment, Judge Schroeder has voted to deny the petition for rehearing en banc, and Judge Fairbank has so recommended. Judge N.R. Smith has voted to grant the petition for rehearing en banc.

The full court has been advised of the petition...

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