United States v. Mark Phelps

895 F.2d 1281

UNITED STATES of America, Plaintiff-Appellee,

v.

Mark PHELPS, Defendant-Appellant.

No. 88-5294.

United States Court of Appeals,

Ninth Circuit.

Feb. 13, 1990.

Prior report: 9th Cir., 877 F.2d 28.

Before WRIGHT, FARRIS and NELSON, Circuit Judges.

ORDER

1

En banc review of the court's opinion herein was requested by an active circuit judge. A majority of the active judges have voted to deny the request. En banc review is denied.

2

KOZINSKI, Circuit Judge, and four other Circuit Judges dissent from this order.

3

KOZINSKI, Circuit Judge, with whom Circuit Judges NORRIS, BRUNETTI, THOMPSON and…