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U.S. v. TERRELL

No. 08-10560.

621 F.3d 1154 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Rayford TERRELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 13, 2010.

Attorney(s) appearing for the Case

Karla Delord , Assistant U.S., USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Daniel Robert Drake , Drake Law, PLC, Phoenix, AZ, for Defendant-Appellant.

Before A. WALLACE TASHIMA, SUSAN P. GRABER and JAY S. BYBEE, Circuit Judges.

ORDER

The panel has voted to deny the petition for panel rehearing. Judges Graber and Bybee have voted to deny the petition for rehearing en banc, and Judge Tashima has so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

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