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MAI v. U.S.

No. 18-36071.

974 F.3d 1082 (2020)

Duy T. MAI, Plaintiff-Appellant, v. UNITED STATES of America; United States Department of Justice; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Federal Bureau of Investigation; William P. Barr, Attorney General; Christopher A. Wray, as Director of the Federal Bureau of Investigation; Regina Lombardo, as Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2020.

Attorney(s) appearing for the Case

Vitaliy Kertchen (argued), Tacoma, Washington, for Plaintiff-Appellant.

Abby C. Wright (argued) and Michael S. Raab , Appellate Staff; Brian T. Moran , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Dissent by Judge VanDyke

ORDER

The panel judges have voted to deny Appellant's petition for rehearing. Judges Graber and Gould voted to deny the petition for rehearing en banc, and Judge Ezra recommended denying the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter failed to receive a majority of votes of non-recused active judges in favor of en banc consideration...

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