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U.S. v. BAKER

No. 07-3002.

523 F.3d 1141 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. James E. BAKER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 28, 2008.

Attorney(s) appearing for the Case

John K. Henderson, Jr., Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Kansas, Wichita, KS, appearing for Appellant.

Matt Treaster, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.

Before TACHA, Chief Judge, HOLLOWAY, and MURPHY, Circuit Judges.

ORDER

Appellant's petition for rehearing is denied. Judge Holloway would grant panel rehearing.

The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. A poll was called on the suggestion for en banc rehearing. The poll did not carry. Consequently, the request for en banc rehearing is denied. Judge McConnell dissents from the denial of the en banc rehearing. A copy of his dissent is attached...

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