UNITED STATES of America, Plaintiff-Appellee, v. Toby C. PATTERSON, Defendant-Appellant, 406 F.3d 1095

ORDER: Dissent by Judge KOZINSKI; Dissent by Judge KLEINFELD. ORDER The panel has voted to deny the petition for panel, rehearing, with Judge Tallman voting to grant it. Judge Tallman votes to grant the petition for rehearing en banc. Judges Noonan and Tashima recommend that the petition for rehearing en banc be denied. A judge of the court requested a vote on whether to rehear the matter en banc, but the matter failed to receive a majority of th.e votes of the nonrecused active judges in favor of en banc rehearing. The petition for panel rehearing and the petition for rehearing en banc are DENIED.