United States v. Cobb, No. 08-1213 (10th Cir. 2010)

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FILED United States Court of Appeals Tenth Circuit May 5, 2010 PUBLISH Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 08-1213 JEFFREY SCOTT COBB, (D.C. No. 1:99-CR-00109-LTB-1) Defendant - Appellant. ORDER Before BRISCOE, Chief Judge, and HOLLOWAY, MCKAY, TACHA, KELLY, LUCERO, MURPHY, HARTZ, O BRIEN, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges*. On February 17, 2010, the court issued an order granting the United States Petition For Rehearing En Banc. Having now heard oral argument in the matter, the court, with Judge Hartz dissenting, has voted to vacate the February 17, 2010 order granting rehearing en banc. Consequently, our February 17, 2010 order is VACATED. The original panel opinion remains in effect and the judgment which issued originally on * Judge Robert H. Henry did not participate in the court s disposition of this en banc proceeding. Judge William J. Holloway and Judge Monroe G. McKay elected to participate as members of the original hearing panel. See 10th Cir. R. 35.5. October 26, 2009, is reinstated. See 10th Cir. R. 35.6. The clerk is directed to issue the mandate forthwith. Entered for the Court, ELISABETH A. SHUMAKER Clerk of Court -2-

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