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U.S. v. WHITEHEAD

Nos. 05-50458, 05-50506.

559 F.3d 918 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Michael WHITEHEAD, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Thomas Michael Whitehead, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 11, 2009.

Attorney(s) appearing for the Case

Becky S. Walker, Esq., Lawrence Ng, Esq., Michael J. Raphael, Esq., Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellant.

Nina Marino, Esq., Beverly Hills, CA, for Defendant-Appellee.

Dissent by Judge GOULD; Dissent by Judge REINHARDT.

ORDER

GOULD, Circuit Judge with whom KLEINFELD, BYBEE, CALLAHAN, and BEA Circuit Judges, join dissenting from the denial of rehearing en banc:

A majority of eligible judges has voted against rehearing en banc. The petition for rehearing and rehearing en banc is denied. Fed. R.App. P. 35, 40.

I respectfully dissent from the denial of rehearing en banc in this case.

The problem is simply that the desirable principle of deference to the sentencing...

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