United States v. Garcia-Lara

U.S. Court of Appeals for the Tenth Circuit December 4, 2007

United States v. Garcia-Lara, 508 F.3d 1320 (10th Cir. 2007)

2007 U.S. App. LEXIS 28199; 2007 WL 4246195

Brien, Briscoe, Gorsuch, Hartz, Henry, Holmes, Kelly, Lucero, McConnell, Murphy, Tacha, Tymkovich

Opinion of the Court

ORDER

Defendant-Appellee’s petition for rehearing, or, in the alternative, to abate decision on rehearing pending the decision of the Supreme Court in Gall v. United States, No. 07-7949, is denied by the panel. Judge Lucero votes to grant rehearing, or, in the alternative, to abate decision on rehearing pending the decision in Gall.

*1321The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. A poll was requested and Judges Briscoe, Lucero, Murphy, and O’Brien voted to grant rehearing. Judges Briscoe, Lucero, Murphy, O’Brien, and Tymkovich voted in the alternative to abate decision on rehearing en banc pending Gall.

The petition is therefore denied.

Reference

Full Case Name: United States v. Guadalupe Alberto GARCIA-LARA, Jr., also known as Jose Perez-Gonzales, also known as Armando Preciado-Ramirez
Status: Published