UNITED STATES of America, Plaintiff-Appellee, v. Ricardo GONZALEZ, Defendant-Appellant, 598 F.3d 1095

Concurrence by Judge B. FLETCHER; Dissent by Judge BEA. ORDER The panel has voted to deny the Petition for Rehearing. Judges Paez and N.R. Smith have voted to deny the Petition for Rehearing En Banc, and Judge B. Fletcher has so recommended. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to hear 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. See Fed. R.App. P. 35. The petition for rehearing and the petition for rehearing en banc are DENIED.