U.S. v. BENALLY

No. 08-4009.

560 F.3d 1151 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Kerry Dean BENALLY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 23, 2009.


Attorney(s) appearing for the Case

Diana Hagen, Trina A. Higgins, Office of the United States Attorney, Salt Lake City, UT, for Plaintiff-Appellant.

Scott Keith Wilson, Office of the Federal Public Defender, Salt Lake City, UT, for Defendant-Appellee.

Before HENRY, Chief Judge, TACHA, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.


ORDER

This matter is before the court on Kerry Dean Benally's petition for rehearing en banc. The original panel considered the petition. Any implicit request for panel rehearing is denied.

The en banc request was transmitted to all of the judges of the court who are in regular active service. A poll was called and a majority of the active judges voted to deny rehearing en banc. Chief Judge Henry, Judge Briscoe, Judge Lucero, and Judge Murphy would grant...

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