United States v. 2020-03-04 | 18-10015 | USA V. BRYANT IWAI | precedential | opinion |

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.

BRYANT KAZUYOSHI IWAI,
Defendant-Appellant.
No. 18-10015

D.C. No.
1:15-cr-00723-DKW-1

ORDER

Filed March 4, 2020

Before: Richard C. Tallman, Jay S. Bybee,
and N. Randy Smith, Circuit Judges.

Order

2 UNITED STATES V. IWAI

ORDER
Judge Tallman and Judge N.R. Smith have voted to deny
the petition for rehearing and recommend denying the
petition for rehearing en banc. Judge Bybee has voted to
grant the petition for rehearing and recommends granting the
petition for rehearing en banc.
The full court was advised of the petition for rehearing
and 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 nonrecused active judges
in favor of en banc consideration. Fed. R. App. 35.
The petition for rehearing and rehearing en banc are
DENIED.