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U.S. v. PAUL

No. 08-30125.

583 F.3d 1136 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Patricia Betterman PAUL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 30, 2009.

Attorney(s) appearing for the Case

Carl E. Rostad, Assistant U.S., Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appellee.

Michael Donahoe, Esquire, Assistant Federal Public Defender, Federal Defenders of Montana, Helena Branch Office, Helena, MT, for Defendant-Appellant.

Before STEPHEN REINHARDT, CYNTHIA HOLCOMB HALL and MILAN D. SMITH, JR., Circuit Judges.

ORDER

A judge of this court sua sponte called for this case to be reheard en banc. A vote was taken, and a majority of the active judges of the court failed to vote for a rehearing en banc. Fed. R.App. P. 35(f). The call for this case to be reheard en banc is DENIED.

REINHARDT and M. SMITH, Circuit Judges, concurring in the denial of rehearing en banc:

Although this case presented "the question whether a district court can disregard the spirit...

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