UNITED STATES of America, Plaintiff-Appellee, v. Lester Ray NICHOLS, Defendant-Appellant, 784 F.3d 666

ORDER This matter is before the court on the appellant’s Petition for Rehearing En Banc. We also have a response from the government. Upon consideration of the implicit request for panel rehearing contained in the petition, the request is denied by a majority of the original panel members. The en banc petition was also transmitted to all of the judges of the court who are in regular active service. Upon review, a poll was called, and a majority of the active judges voted to deny the en banc suggestion. Consequently, that request is likewise denied.

Judges Lucero, Gorsuch, Matheson and Moritz would grant the en banc petition. Judges Lucero and Gorsuch have written separately in dissent from the denial of the petition.