United States v. Jose Cabada ( 2015 )

FILED UNITED STATES COURT OF APPEALS JAN 20 2015 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 11-10227 Plaintiff - Appellee, D.C. No. 2:08-cr-00562-EJG-6 v. ORDER JOSE ANTONIO OJEDA CABADA, Defendant - Appellant. UNITED STATES OF AMERICA, No. 11-10262 Plaintiff - Appellee, D.C. No. 2:08-cr-00562-EJG-9 v. JOSE GONZALEZ ARIAS, AKA Cesar Castro Favela, Defendant - Appellant. UNITED STATES OF AMERICA, No. 11-10328 Plaintiff - Appellee, D.C. No. 2:08-cr-00562-EJG-12 v. JESUS ALFONZO BARRAZA BARRAZA, Defendant - Appellant. Before: NOONAN and IKUTA, Circuit Judges, and DANIEL, Senior District Judge.* The panel votes to deny the petition for rehearing in United States v. Barraza Barraza. Judge Ikuta votes to deny petitions for rehearing en banc in United States v. Cabada and United States v. Barraza Barraza. Judge Noonan and Judge Daniel recommend denying the petitions for rehearing en banc. The full court has been advised of the petitions 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. Appellant Cabada’s Petition for Rehearing En Banc is DENIED. Appellant Barraza Barraza’s Petition for Rehearing and Petition for Rehearing En Banc is DENIED. * The Honorable Wiley Y. Daniel, Senior District Judge for the U.S. District Court for Colorado, sitting by designation. 2 Gonzalez Arias’s Petition for Rehearing is GRANTED. The memorandum disposition filed on November 26, 2014 is amended as follows: On page 6, lines 9-10, “and the sentencing guideline range of 188 to 235 months” is stricken. No further petitions for rehearing and for rehearing en banc shall be entertained. 3