United States v. 2008-04-16 | 05-30356 | USA VGARCIA | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 UNITED STATES OF AMERICA, No. 05-30356 Plaintiff-Appellee,
D.C. No. v.  CR-04-00301-016-
ADRIAN GARCIA, MJP
Defendant-Appellant. 
 UNITED STATES OF AMERICA, No. 05-30391 Plaintiff-Appellee,
D.C. No. v.  CR-04-00301-003-
IVAN TORRES, MJP
Defendant-Appellant. 
 UNITED STATES OF AMERICA, No. 05-30415
Plaintiff-Appellee, D.C. No.
v. CR-04-00301-007-
MJPMIGUEL PLASCENCIA-ALVARADO,
also known as Esteban Garcia- ORDER 
Morales also known as Angel GRANTING
Caloca, PETITION FOR
Defendant-Appellant. REHEARING AND
AMENDING
OPINION

Filed April 17, 2008
4099

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Before: J. Clifford Wallace, Kim McLane Wardlaw and
Raymond C. Fisher, Circuit Judges.
ORDER
The panel has voted to grant the joint petition for panel
rehearing filed by Appellants Adrian Garcia (case no. 05-
30356) and Miguel Plascencia-Alvarado (case no. 05-30415).
Judges Wardlaw and Fisher voted to deny the joint petition
for rehearing en banc and Judge Wallace recommended deny-
ing the joint petition for rehearing en banc.
The full court has been advised of the joint petition for
rehearing en banc and no judge of the court has requested a
vote on whether to rehear the matter en banc. Fed. R. App. P.
35.
Appellants’ joint petition for panel rehearing is
GRANTED and the petition for rehearing en banc, is
DENIED.
The opinion filed on November 19, 2007, and appearing at
507 F.3d 1213 (9th Cir. 2007) is amended. The superseding
amended opinion will be filed concurrently with this order.
The parties may file a petition for rehearing based on the
amended opinion.
4100 UNITED STATES v. GARCIA

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The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2008 Thomson/West.

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