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U.S. v. HINKSON

No. 05-30303.

611 F.3d 1098 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. David Roland HINKSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 14, 2010.

Attorney(s) appearing for the Case

John F. De Pue, Esquire, Michael D. Taxay, Esquire, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.

Dennis P. Riordan, Donald M. Horgan, Riordan & Horgan, San Francisco, CA, Curtis R. Smith, Esquire, Thompson Smith Woolf Anderson, PLLC, Idaho Falls, ID, for Defendant-Appellant.

Order; Dissent by Chief Judge KOZINSKI; Dissent by Judge WILLIAM A. FLETCHER.

ORDER

Appellant's Petition for Rehearing by the Limited En Banc Court and for Rehearing by the Full Court is denied. Chief Judge Kozinski and Judges Pregerson, Wardlaw, W. Fletcher, and Paez voted to grant the petition. The remaining judges voted to deny it.

The original en banc opinion filed on November 5, 2009 remains unchanged, except that Chief Judge Kozinski concurs only in the portion of the opinion that clarifies this court's abuse of discretion standard...

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