United States v. Terrell

ORDER

The panel has voted to deny the petition for panel rehearing. Judges Graber and Bybee have voted to deny the petition for rehearing en banc, and Judge Tashima has so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. RApp. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are denied. Judge M. Smith’s dissent from denial of rehearing en banc is…