United States v. Atencio

*1100ORDER DENYING INITIAL EN BANC REVIEW

A member of the active court sua sponte called for a poll of the court to determine whether this case would be set for initial en banc review. Judges Tacha, Kelly, Briscoe, Murphy, Tymkovich and Gorsuch voted to grant initial en banc review. All other active members of the court voted to deny. A majority vote being necessary to order en banc consideration, initial en banc consideration is denied.

LUCERO, Circuit Judge.

Harris Atencio appeals his sentence of 84 months’ imprisonment for assault resulting in serious bodily injury. Although the district court…