No. 07-10487.

591 F.3d 1180 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kenderick BEGAY, a.k.a. Kendrick Begay, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2010.

Attorney(s) appearing for the Case

Ann Birmingham Scheel, Assistant U.S. Attorney, John Robert Lopez, USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.

James M. Wagstaffe, Esquire, Kerr & Wagstaffe, LLP, San Francisco, CA, for Respondent.

Daniel L. Kaplan, Assistant Federal Public Defender, FPDAZ-Federal Public Defender's Office, Phoenix, AZ, for Defendant-Appellant.


KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the...

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