UNITED STATES v. COTTON (2020)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Deandre Spencer COTTON, Defendant-Appellant.

No. 17-10171

Decided: November 19, 2020

Before: D.W. NELSON, W. FLETCHER, and BYBEE, Circuit Judges.

Nancy M. Olson, Assistant U.S. Attorney, USLV - Office of the U.S. Attorney, Las Vegas, NV, Elizabeth Olson White, Esquire, Assistant U.S. Attorney, USRE - Office of the US Attorney, Reno, NV, for Plaintiff-Appellee Amy B. Cleary, Assistant Federal Public Defender, Federal Public Defender's Office Las Vegas, Las Vegas, NV, Cullen Macbeth, Assistant Federal Public Defender, Office of the Federal Public Defender, Greenbelt, MD, for Defendant-Appellant

ORDER

Judges D.W. Nelson and Bybee voted to grant the petition for panel rehearing and voted to vacate the memorandum disposition. Judge W. Fletcher voted to deny the petition for panel rehearing.

Judge W. Fletcher voted to deny the petition for rehearing en banc. Judges D.W. Nelson and Bybee recommended denying the petition for rehearing en banc as moot.

Appellant's petition for rehearing is GRANTED. The memorandum disposition filed on September 28, 2020, is VACATED pending USA v. Figueroa-Beltran, 16-10388, in this court. The petition for rehearing en banc is DENIED as moot.

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