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UNITED STATES v. GEAR

No. 19-10353.

9 F.4th 1040 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Melvyn GEAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2021.

Amended August 30, 2021.

Attorney(s) appearing for the Case

Ted Sampsell-Jones , Dennis P. Riordan , and Donald M. Horgan , Riordan & Horgan, Oakland, California, for Defendant-Appellant.

Judith A. Philips , Acting United States Attorney; Marion Percell , Chief of Appeals; Marshall Silverberg , Assistant United States Attorney; United States Attorney's Office, Honolulu, Hawaii; for Plaintiff-Appellee.

John Ormonde , Adjunct Professor, King Hall School of Law, University of California at Davis, Davis, California; David M. Porter , Co-Chair, NACDL Amicus Committee, Sacramento, California; for Amici Curiae National Association of Criminal Defense Lawyers and Aoki Center for Critical Race and Nation Studies.

Partial Concurrence and Partial Dissent by Judge Bumatay

ORDER

The Per Curiam Opinion filed January 19, 2021, and appearing at 985 F.3d 759, is hereby amended. The amended Per Curiam Opinion, Judge Silver's amended concurrence, and Judge Bumatay's amended partial concurrence and partial dissent are filed concurrently with this order.

The panel has voted to deny the petition for panel rehearing. Judges Lee and Bumatay have voted to deny the petition for rehearing en banc, and Judge Silver has so recommended. The...

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