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U.S. v. NOSAL

Nos. 14-10037 14-10275.

844 F.3d 1024 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. David NOSAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2016.

Amended December 8, 2016.

Attorney(s) appearing for the Case

Dennis P. Riordan (argued) and Donald M. Horgan , Riordan & Horgan, San Francisco, California; Ted Sampsell-Jones , William Mitchell College of Law, St. Paul, Minnesota; for Defendant-Appellant.

Jenny C. Ellickson (argued), Trial Attorney, Criminal Division, Appellate Section; Sung-Hee Suh , Deputy Assistant Attorney General; Leslie R. Caldwell , Assistant Attorney General; United States Department of Justice, Washington, D.C.; J. Douglas Wilson , Assistant United States Attorney, Chief, Appellate Division; Kyle F. Waldinger and Matthew A. Parrella , Assistant United States Attorneys; United States Attorney's Office, San Francisco, California; for Plaintiff-Appellee.

Jamie Williams , Cindy Cohn , Andrew Crocker , and Stephanie Lacambra , Electronic Frontier Foundation, San Francisco, California; Esha Bhandari and Rachel Goodman , American Civil Liberties Union Foundation, New York, New York; Linda Lye , Nicole Ozer , and Matthew T. Cagle , American Civil Liberties Union Foundation of Northern California; for Amici Curiae Electronic Frontier Foundation, American Civil Liberties Union, and American Civil Liberties Union of Northern California.

Martin Hansen , Covington & Burling, Washington, D.C.; Simon J. Frankel and Matthew D. Kellogg , Convington & Burling, San Francisco, California, for Amicus Curiae BSA %CO The Software Alliance.

David Nied , Keenan W. Ng and Michael S. Dorsi , Ad Astra Law Group, San Francisco, California, for Amicus Curiae Novel-Poster.

Dissent by Judge Reinhardt.

ORDER

The opinion filed on July 5, 2016, and appearing at 828 F.3d 865, is hereby amended. An amended opinion is filed concurrently with this order.

With these amendments, Chief Judge Thomas and Judge McKeown vote to deny the petition for rehearing en banc. Judge Reinhardt votes to grant the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc, and no judge has requested...

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