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UNITED STATES v. HANSEN

No. 17-10548.

40 F.4th 1049 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Helaman HANSEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2022.

Attorney(s) appearing for the Case

Carolyn M. Wiggin (argued), Assistant Federal Defender; Heather E. Williams , Federal Defender; Office of the Federal Defender, Sacramento, California; for Defendant-Appellant.

Katherine T. Lydon (argued), Assistant United States Attorney; Camil A. Skipper , Appellate Chief; Phillip A. Talbert , Acting United States Attorney; United States Attorney's Office, Sacramento, California; John M. Pellettieri Jr. (argued), Appellate Section, Criminal Division; Lisa H. Miller , Acting Deputy Assistant Attorney General; Kenneth A. Polite Jr. , Assistant Attorney General; United States Department of Justice, Washington, D.C.; for Plaintiff-Appellee.

Vera Eidelman (argued), American Civil Liberties Union Foundation, New York, New York; Cecillia D. Wang , American Civil Liberties Union Foundation, San Francisco, California; Shilpi Agarwal , American Civil Liberties Union Foundation of Northern California Inc., San Francisco, California; for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Northern California.

Dissent by Judge Collins

ORDER

Judges McKeown and Gould have voted to deny Appellee's petition for rehearing en banc. Judge Restani recommends denying the petition for rehearing en banc.

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

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