May 19, 2015
UNITED STATES OF AMERICA, Plaintiff - Appellee,
ELVEN JOE SWISHER, Defendant - Appellant
D.C. Nos. 1:09-cv-00055-BLW, 1:07-cr-00182-BLW-1.
For United States of America, Plaintiff - Appellee: Victoria L. Francis, Esquire, Assistant U.S. Attorney, Leif Johnson, Assistant U.S. Attorney, USBI - Office of the U.S. Attorney, Billings, MT; John Michael Pellettieri, Attorney, DOJ - U.S. Department of Justice, Criminal Division/Appellate Section, Washington, DC.
For Elven Joe Swisher, Defendant - Appellant: Joseph Theodore Horras, Attorney, Smith Horras, P.A., Boise, ID.
Elven Joe Swisher, Defendant - Appellant, Pro se, Cottonwood, ID.
THOMAS, Chief Judge. Judge Tallman did not participate in the deliberations or vote in this case.
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Judge Tallman did not participate in the deliberations or vote in this case.