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11-35796 - USA v. Elven Swisher


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11-35796 - USA v. Elven Swisher
October 29, 2014
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FILED OPINION (ARTHUR L. ALARCON, A. WALLACE TASHIMA and SANDRA S. IKUTA) AFFIRMED. Judge: AWT Concurring, Judge: SSI Authoring. FILED AND ENTERED JUDGMENT. [9293719]
May 19, 2015
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Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judge Tallman did not participate in the deliberations or vote in this case. [9543120]
January 11, 2016
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FILED OPINION (SIDNEY R. THOMAS, STEPHEN REINHARDT, ALEX KOZINSKI, M. MARGARET MCKEOWN, MARSHA S. BERZON, RICHARD R. CLIFTON, JAY S. BYBEE, SANDRA S. IKUTA, N. RANDY SMITH, JACQUELINE H. NGUYEN and PAUL J. WATFORD) REVERSED.Opinion by Judge Ikuta; Dissent by Judge Bybee. FILED AND ENTERED JUDGMENT. [9821892]