No. 09-10139.

673 F.3d 1206 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Howard Wesley COTTERMAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 19, 2012.

Attorney(s) appearing for the Case

Carmen F. Corbin , Assistant U.S. Attorney, USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellant.

William J. Kirchner , Nash & Kirchner, P.C., Tucson, AZ, for Defendant-Appellee.

David Miles Porter , Assistant Federal Public Defender, FPDCA-Federal Public Defender's Office, Sacramento, CA, Christopher Todd Handman , Hogan Lovells U.S. LLP, Washington, DC, for Amicus Curiae.


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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