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U.S. v. ZIEGLER

No. 05-30177.

497 F.3d 890 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Brian ZIEGLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 21, 2007.

Attorney(s) appearing for the Case

Marcia Good Hurd, Esq., USBI-Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.

David F. Ness, Esq., Anthony R. Gallagher, Esq., FDMT-Federal Defenders of Montana, Great Falls, MT, for Defendant-Appellant.

Before: DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN, and RONALD M. GOULD, Circuit Judges.

ORDER

A sua sponte call for a vote on rehearing this case en banc was made by an active judge of this court. The call failed to receive a majority of the votes of the non-recused active judges. Fed.R.App. P. 35. The sua sponte en banc call is therefore rejected.

O'SCANNLAIN, SILVERMAN and GOULD, Circuit Judges, concurring in the denial of rehearing en banc:

The court wisely denied rehearing this case en banc. We write separately only...

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