United States v. Etsitty, 96-10344.
Decision Date | 08 April 1998 |
Docket Number | No. 96-10344.,96-10344. |
Citation | 140 F.3d 1274 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Dennison ETSITTY, Defendant-Appellant. |
Court | U.S. Court of Appeals — Ninth Circuit |
Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding. D.C. No. CR-96-00004-PCT-SMM.
The Slip Opinion filed December 2, 1997 is amended as follows:
Slip Op. Page 14141, second paragraph, lines 4-6 [130 F.3d at 425, left column, lines 4-6], delete "The case was calendared in Prescott initially, and transferred on the government's motion to Phoenix." Insert in its place the following:
Page 14143, last paragraph, lines 6-9 [130 F.3d at 426, left column, lines 9-14], delete: "We cannot reach the issue here because the rule was not applied in Etsitty's case; his trial was scheduled to be held in Prescott before Judge McNamee transferred it for reasons other than rule 1.1(c)." Insert in its place:
With the above changes the panel as constituted above has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.
The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed. R.App. P. 35.
The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.
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