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U.S. v. GONZALEZ

No. 07-30098.

598 F.3d 1095 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 16, 2010.

Attorney(s) appearing for the Case

Thomas John Hanlon, Assistant U.S., Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.

Rebecca Louise Pennell, Esquire, Assistant Federal Public Defender, Federal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant-Appellant.

Before BETTY B. FLETCHER, RICHARD A. PAEZ, and N. RANDY SMITH, Circuit Judges.

Concurrence by Judge B. FLETCHER; Dissent by Judge BEA.

ORDER

The panel has voted to deny the Petition for Rehearing. Judges Paez and N.R. Smith have voted to deny the Petition for Rehearing En Banc, and Judge B. Fletcher has so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to hear the matter en banc. The matter failed to receive...

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