USA v. GARCIA
The Ninth Circuit Court of Appeals today released an order in USA v. GARCIA, No. 05-30356, a criminal appeal. The panel consisted of J. Clifford Wallace, Kim McLane Wardlaw and Raymond C. Fisher, Circuit Judges.
The panel has voted to grant the joint petition for panel rehearing filed by Appellants Adrian Garcia (case no. 0530356) and Miguel Plascencia-Alvarado (case no. 05-30415). Judges Wardlaw and Fisher voted to deny the joint petition for rehearing en banc and Judge Wallace recommended denying the joint petition for rehearing en banc. The full court has been advised of the joint petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Appellants’ joint petition for panel rehearing is GRANTED and the petition for rehearing en banc, is DENIED. The opinion filed on November 19, 2007, and appearing at 507 F.3d 1213 (9th Cir. 2007) is amended. The superseding amended opinion will be filed concurrently with this order. The parties may file a petition for rehearing based on the amended opinion. . . .