FILED
United States Court of Appeals
Tenth Circuit
December 4, 2007
PUBLISH Elisabeth A. Shumaker
Clerk of Court
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v. No. 06-3054
GUADALUPE ALBERTO
GARCIA-LARA, JR., also known as
Jose Perez-Gonzales, also known as
Armando Preciado-Ramirez,
Defendant - Appellee.
ORDER
Before TACHA, Chief Circuit Judge, KELLY, HENRY, BRISCOE, LUCERO,
MURPHY, HARTZ, O’BRIEN, McCONNELL, TYMKOVICH, GORSUCH,
and HOLMES, Circuit Judges.
Defendant-Appellee’s petition for rehearing, or, in the alternative, to abate
decision on rehearing pending the decision of the Supreme Court in Gall v.
United States, No. 07-7949, is denied by the panel. Judge Lucero votes to grant
rehearing, or, in the alternative, to abate decision on rehearing pending the
decision in Gall.
The petition for rehearing en banc was transmitted to all of the judges of
the court who are in regular active service. A poll was requested and Judges
Briscoe, Lucero, Murphy, and O’Brien voted to grant rehearing. Judges Briscoe,
Lucero, Murphy, O’Brien, and Tymkovich voted in the alternative to abate
decision on rehearing en banc pending Gall.
The petition is therefore denied.
Entered for the Court
ELISABETH A. SHUMAKER, Clerk
-2-