U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Hinkson

U.S. Court of Appeals for the Ninth Circuit · Decided October 20, 2008 · Kozinski

547 F.3d 993; 2008 U.S. App. LEXIS 21869; 2008 WL 4683959 (Federal Reporter, Third Series)

Counsel

Michael D. Taxay, Esquire, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee., Dennis P. Riordan, Donald M. Horgan, Esquire, Riordan & Horgan, San Francisco, CA, Curtis R. Smith, Esquire, Thompson Smith Woolf Anderson, PLLC, Idaho Falls, ID, for Defendant-Appellant.

Opinion

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonre-cused 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 Ninth Circuit.

Judges SILVERMAN and TALLMAN did not participate in the deliberations or vote in this case.

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