Julie Shemitz (argued) and David P. Kowal (argued), Assistant United States Attorneys; Lawrence S. Middleton , Chief, Criminal Division; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellee.
Paula M. Mitchell , Ninth Circuit Appellate Clinic, Alarcón Advocacy Center, Loyola Law School, Los Angeles, California, for Amici Curiae Members of Congress.
Roger I. Roots , Livingston, Montana, for Amicus Curiae Fully Informed Jury Association.
Alexandra W. Yates , Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Amici Curiae Federal Public and Community Defenders for Alaska; Arizona; The Central, Eastern, Northern, and Southern Districts of California; Guam; Hawaii; Idaho; Montana; Nevada; Oregon; and the Eastern and Western Districts of Washington.
Before: DAVID M. EBEL, MILAN D. SMITH, JR., and N. RANDY SMITH, Circuit Judges.
ORDER AND AMENDED OPINION
Defendant-Appellant's petition for panel rehearing is GRANTED. The opinion filed June 16, 2017, and reported at 859 F.3d 825, is hereby withdrawn. A superseding opinion will be filed concurrently with this order.
Judge M. Smith and Judge N.R. Smith vote to deny the petition for rehearing en banc, and Judge Ebel so recommends. The full court has been advised of the petition for rehearing en banc...
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