USA v. Nevils

Filing 920090616


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. EARL ANTHONY NEVILS, a/k/a EARL NEVILS, JR., EARL BOWMAN, EARL JOHNSON, ALFRED JOHNSON, "BABYCRIPTOE", "LILAMIGO" and "BABY FROG," Defendant-Appellant. No. 06-50485 D.C. No. CR-03-01269-CBM ORDER Filed June 16, 2009 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 7409 PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2009 Thomson Reuters/West.

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