Espinoza-Gutierrez v. Smith , 109 F.3d 551 ( 1997 )

Order; Dissent by Judge KOZINSKI

ORDER DENYING PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC AND DISSENT

The panel has unanimously voted to deny appellee’s petition for rehearing. A judge called for a vote on the suggestion for rehearing en banc, but the suggestion failed to obtain the votes of a majority of the active judges.

The petition for rehearing is therefore DENIED and the suggestion for rehearing en banc is REJECTED.