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U.S. v. ALVAREZ

No. 08-50345.

638 F.3d 666 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier ALVAREZ, aka Javier Alvarez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 21, 2011.

Attorney(s) appearing for the Case

Tamra Phipps , Michael J. Raphael , Craig Missakian , Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

ABrianna J. Fuller , Jonathan D. Libby , Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.

Order; Concurrence by Judge MILAN D. SMITH, JR.; Concurrence by Chief Judge KOZINSKI; Dissent by Judge O'SCANNLAIN; Dissent by Judge GOULD.

ORDER

Judges T.G. Nelson and M. Smith have voted to deny the petition for panel rehearing. Judge M. Smith has voted to deny the petition for rehearing en banc, and Judge T.G. Nelson has so recommended. Judge Bybee has voted to grant the petition for panel rehearing and rehearing en banc.

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, and the matter failed to receive a majority...

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