UNITED STATES v. OLSEN

No. 20-50329.

21 F.4th 1036 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Jeffrey OLSEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2021.

Decided January 6, 2022.


Attorney(s) appearing for the Case

Charles E. Fowler Jr. (argued) and Bram M. Alden , Assistant United States Attorneys; Scott M. Garringer , Chief, Criminal Division; Tracy L. Wilkison , Acting United States Attorney; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellant.

James H. Locklin (argued), Deputy Federal Public Defender; Cuauhtemoc Ortega , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Defendant-Appellee.

Katie Hurrelbrink and Vincent J. Brunkow , Federal Defenders of San Diego, Inc., San Diego, California, for Amicus Curiae Federal Defenders of San Diego, Inc.

Dissent from Order by Judge Collins


ORDER

The Opinion filed April 23, 2021, and published at 995 F.3d 683, is hereby amended.

The panel has voted to deny the petition for panel rehearing and petition for rehearing en bane. The full court was advised of the petition for rehearing en bane. A judge requested a vote on whether to rehear the matter en bane. The matter failed to receive a majority of votes of the nonrecused active judges in favor of en bane consideration. Fed. R. App. P. 35.

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