UNITED STATES of America, Plaintiff-Appellee, v. Carl Eugene STEPHENS, Defendant-Appellant, 232 F.3d 746

ORDER; Dissent by Judge O’SCANNLAIN ORDER Judge Sneed voted to grant the petition for rehearing and recommended granting rehearing en banc. Judges Pregerson and Carter voted to deny the petition for rehearing. Judge Pregerson voted to reject rehearing en banc and Judge Carter so recommended said rejection. The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 35(b). The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.