UNITED STATES of America, Plaintiff-Appellee, v. Dante VARGAS-AMAYA, Defendant-Appellant, 408 F.3d 1227

Dissent by Judge CALLAHAN. ORDER The panel has voted to deny the government’s petition for panel rehearing. Judge Fisher votes to deny the petition for rehearing en banc, and Judges T.G. Nelson and Tashima so recommend. 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 the votes of the nonreeused active judges in favor of en banc rehearing. The petition for panel rehearing and the petition for rehearing en banc are DENIED.