United States Court of Appeals F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT ____________

No. 08-3012 September Term 2009 04cr00232-02 Filed On: January 26, 2010 United States of America,

Appellee

v.

Ricardo Palmera Pineda, also known as Simon Trinidad,

Appellant

BEFORE: Sentelle, Chief Judge, and Ginsburg, Henderson, Rogers, Tatel, Garland, Brown, Griffith, and Kavanaugh, Circuit Judges, and Edwards, Senior Circuit Judge

ORDER

Upon consideration of appellant’s petition for rehearing en banc, the response thereto, and the absence of a request by any member of the court for a vote, it is

ORDERED that the petition be denied.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Scott H. Atchue Deputy Clerk