United States v. Castillo-Basa

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 05-50768 Plaintiff-Appellee, D.C. No. v. CR-05-00734-JAH BUENAVENTURA CASTILLO-BASA,  Southern District Defendant-Appellant. of California, San Diego  ORDER Filed July 24, 2007 Before: Stephen Reinhardt, Stephen S. Trott, and Kim McLane Wardlaw, Circuit Judges. Order; Dissent by Judge Callahan ORDER An active judge sua sponte called for rehearing en banc. The matter failed to receive a majority of the votes of the non- recused active judges in favor of en banc consideration. Fed. R. App. P.…