The Ninth Circuit Court of Appeals today released an order in EDGERLY v. CITY AND COUNTY OF SAN FRANCISCO, No. 05-15080, a civil rights appeal. The panel consisted of William C. Canby, Jr., John T. Noonan, and Richard A. Paez, Circuit Judges.

The petition for panel rehearing is GRANTED. The petition for rehearing with suggestion for rehearing en banc is DENIED as moot. The opinion filed on July 17, 2007 and reported at 495 F.3d 645 (9th Cir. 2007) is WITHDRAWN. The panel will file a new disposition in due course. 5925 . . .

The Ninth Circuit Court of Appeals today released an opinion in MANDUJANO-REAL v. MUKASEY, No. 06-74186, an administrative appeal. The panel consisted of Stephen Reinhardt, M. Margaret McKeown, and William A. Fletcher, Circuit Judges.

REINHARDT, Circuit Judge:
We consider whether a conviction for identity theft under Oregon Revised Statute § 165.800 is a conviction for an aggravated felony theft offense for the purposes of 8 U.S.C. § 1101(a)(43)(G) of the Immigration and Nationality Act (”INA”). We hold that it is not. I. Factual and Procedural Background Petitioner, Miguel Mandujano-Real, is a thirty-three year old native and citizen of Mexico. He entered the United States at the age of six. In 1989, at the age of fourteen, he became a lawful permanent resident. In March 2006, the U.S. Department of Homeland Security (”DHS”) commenced removal proceedings against Mandujano-Real. The Government charged him with being. . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. VASQUEZ-LANDAVER, No. 07-50226, a criminal appeal. The panel consisted of Kim McLane Wardlaw, Ronald M. Gould, Sandra S. Ikuta, Circuit Judges.

IKUTA, Circuit Judge:
Guillermo Antonio Vasquez-Landaver (Vasquez) appeals his 90-month sentence and underlying conviction for being found in the United States after being deported. He contends: (1) the district court erred in not allowing him to present any evidence of duress and in not giving a jury instruction on a duress defense; and (2) his within-Guidelines sentence is unreasonable and was an impermissible punishment for going to trial. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. I Vasquez was born in El Salvador in 1971, and first came to the United States at the age of 18. Vasquez has been deported from the United States on eight separate occasions; most recently on September 15, 2004. On December 10, 2004, Vasquez and five others were arrested by Border Patrol agents in an area near Tecate, California, after agents responded to a seismic intrusion device activation. Vasquez admitted he was a citizen and national of El Salvador, and that he was in the United States illegally. The agents took Vasquez to a border patrol checkpoint station for further processing, where computer checks revealed that Vasquez had an extensive immigration and criminal record and had been frequently deported. While in custody, Vasquez described his route to the United States as follows: [He] left his home in El Salvador on October 17, 2004. He traveled by car, and then bus, to the El Salvador/Guatemala border. Vasquez crossed into Guatemala using an El Salvador border crosser card. . . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. MANNING, No. 06-35613, an appeal in a civil action against the United States. The panel consisted of M. Margaret McKeown and Richard R. Clifton, Circuit Judges, and William W Schwarzer, District Judge.

McKEOWN, Circuit Judge:
The Hanford Nuclear Reservation (”Hanford”) in Washington is one of the largest sites in the country for the treatment, storage and disposal of radioactive and non-radioactive hazardous waste, currently storing over 53 million gallons of mixed radioactive and nonradioactive hazardous waste. During World War II, the United States government constructed Hanford to manufacture plutonium for military purposes. In re Hanford Nuclear Reservation Litig., ___ F.3d ___, 2008 WL 901809, *4 (9th Cir. Apr. 4, 2008) (as amended). Over the decades, the United States Department of Energy (”DOE”) has disposed of approximately 450 billion gallons of contaminated water and liquid mixed waste on the site. At least one million gallons of high-level mixed radioactive and non-radioactive hazardous waste have leaked into the environment and approximately 170 miles of groundwater beneath Hanford are contaminated. In addition, tens of millions of galFor almost twenty years there has been litigation over whether radioiodine from Hanford caused various cancers and life-threatening diseases in residents of the surrounding area. . . .

The Ninth Circuit Court of Appeals today released an opinion in WITT v. DEPARTMENT OF AIR FORCE, No. 06-35644, an appeal in a civil action against the United States. The panel consisted of William C. Canby, Senior Circuit Judge, Susan P. Graber, and Ronald M. Gould, Circuit Judges.

GOULD, Circuit Judge:
Plaintiff-Appellant Major Margaret Witt (”Major Witt”) sued the Air Force, the Secretary of Defense, the Secretary of the Air Force, and her Air Force commander (”the Air Force”) after she was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman. Major Witt alleges that 10 U.S.C. § 654, commonly known as the “Don’t Ask, Don’t Tell” policy (”DADT”), violates substantive due process, the Equal Protection Clause, and procedural due process. She seeks to . . .

CANBY, Circuit Judge, concurring in part and dissenting in part:
The majority has written an opinion that is very praiseworthy as far as it goes. I concur in Parts I and II. I also concur in the first portion of Part III, to the end of subdivision (1). . . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. THE WILDERNESS SOCIE, No. 06-15596, an appeal in a civil action against the United States. The panel consisted of Mary M. Schroeder, Dorothy W. Nelson and Stephen Reinhardt, Circuit Judges.

SCHROEDER, Circuit Judge:
This is a dispute over the status of a road on U.S. Forest Service land in Elko County, Nevada. The case was before us for the first time in 2002. See United States v. Carpenter, 298 F.3d 1122 (9th Cir. 2002). At that time, the intervenorappellant environmental groups wanted to object to the terms of a proposed settlement between the United States and Elko County that effectively allowed the County to repair the road. We ordered the district court to grant the motion to intervene. Id. at 1125. . . .

The Ninth Circuit Court of Appeals today released an opinion in DUARTE v. BARDALES, No. 06-56808, a federal appeal. The panel consisted of Myron H. Bright, Harry Pregerson, and Carlos T. Bea, Circuit Judges.

BRIGHT, Circuit Judge:
On January 23, 2006, Emilia Duarte (”Duarte”) filed in United States District Court for the Southern District of California a petition for the return of her children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (”Hague Convention”), as implemented by the International Child Abduction Remedies Act, 42 U.S.C. §§ 11601-11610 (”ICARA”). After Duarte failed to appear before the court for a scheduled hearing, the district court entered judgment denying Duarte’s Hague Petition. Duarte . . .

The Ninth Circuit Court of Appeals today released an opinion in WA STATE NURSES ASSOC. v. NLRB, No. 06-74917, an administrative appeal. The panel consisted of Betty B. Fletcher, Richard A. Paez, and N. Randy Smith, Circuit Judges.

PAEZ, Circuit Judge:
Petitioner Washington State Nurses Association (”WSNA”) seeks review of the National Labor Relations Board’s (”NLRB” or “Board”) decision that Sacred Heart Medical Center’s (”Sacred Heart”) ban on union buttons bearing the message “RNs Demand Safe Staffing,” did not constitute an unfair labor practice in violation of the National Labor Relations Act (”NLRA” or “Act”). This case calls on us to reaf . . .

The Ninth Circuit Court of Appeals today released an opinion in USA v. DALLMAN, No. 05-30349, a criminal appeal. The panel consisted of William C. Canby, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.

GOULD, Circuit Judge:
Kenneth Dallman appeals the 33-month sentence he received following his convictions for possession and importation of marijuana and conspiracy to possess marijuana. Dallman and two other individuals were arrested by United States Border Patrol agents after the agents observed the men carrying six large duffle bags along an abandoned logging road just south of the U.S.-Canada border. The bags contained about 142 pounds of marijuana. Dallman contends that his sentence is unreasonable because the district court erroneously found that he was accountable for the aggregate quantity of marijuana that the three men carried into the United States and denied his request for a downward departure based on aberrant behavior. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. I Early in the morning on August 16, 2004, two U.S. Border Patrol agents patrolled an abandoned logging road that crosses the U.S.-Canada border near Danville, Washington. At approximately 4:15 a.m., while the agents walked northward along the road, they noticed Dallman, Michael Thistlewaite, and John Souza carrying large bundles and walking southward. After seeing or hearing the agents, Thistlewaite ducked under a tree on one side of the road, and Dallman and Souza ran to the opposite side of the road and took cover in the brush. The agents arrested Thistlewaite after observing that he was tangled in two large duffle bags that were tied together so that. . .

The Ninth Circuit Court of Appeals today released an opinion in RFK MEDICAL CENTER v. LEAVITT, No. 06-56367, an appeal in a civil action against the United States. The panel consisted of Alfred T. Goodwin, Harry Pregerson, and Dorothy W. Nelson, Circuit Judges.

GOODWIN, Circuit Judge: Robert F. Kennedy Medical Center (”RFK”) appeals the district court’s summary judgment, which affirmed the denial of RFK’s Medicare reimbursement request by the Secretary of Health and Human Services (”Secretary”). RFK contends that the Secretary must reimburse it for depreciation losses resulting from its disposal of assets through a statutory merger. The district court held that RFK is not eligible for reimbursement because this merger did not qualify as a “bona fide sale” under 42 C.F.R. § 413.134(f). We agree, and affirm the judgment. I Title XVIII of the Social Security Act establishes Medicare, a federally funded health insurance program for the . . .