U.S. v. BACON

No. 18-50120.

979 F.3d 766 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick John BACON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2020.


Attorney(s) appearing for the Case

Shaun Khojayan , Law Offices of Shaun Khojayan & Associates P.L.C., Los Angeles, California, for Defendant-Appellant.

Nicola T. Hanna , United States Attorney; L. Ashley Aull , Chief, Criminal Appeals Section; Bram M. Alden , Deputy Chief, Criminal Appeals Section; Shawn T. Andrews , Assistant United States Attorney; Violent and Organized Crime Section, United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellee.

Robert A. Olson , Greines Martin Stein & Richland LLP, Los Angeles, California, for Amici Curiae Federation of Defense and Corporate Counsel, Association of Southern California Defense Counsel, and Association of Defense Counsel of Northern California.

Before: Sidney R. Thomas, Chief Judge, and Richard A. Paez, Marsha S. Berzon, Johnnie B. Rawlinson, Consuelo M. Callahan, Mary H. Murguia, Andrew D. Hurwitz, John B. Owens, Eric D. Miller, Bridget S. Bade and Kenneth K. Lee, Circuit Judges.


OPINION

We voted to rehear this case en banc to consider what the proper remedy is on appeal when we conclude that a district court has erred under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d...

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