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13-30133 - USA v. Tyrone Davis


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13-30133 - USA v. Tyrone Davis
January 27, 2015
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FILED PER CURIAM OPINION (DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD and MARSHA S. BERZON) AFFIRMED. Judge Berzon concurring. FILED AND ENTERED JUDGMENT. [9396835]
August 6, 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. [9637616]
June 13, 2016
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FILED OPINION (SIDNEY R. THOMAS, WILLIAM A. FLETCHER, RICHARD A. PAEZ, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN, CARLOS T. BEA, MORGAN B. CHRISTEN, JACQUELINE H. NGUYEN, ANDREW D. HURWITZ and JOHN B. OWENS) REVERSED AND REMANDED. Opinion by Judge Paez; Concurrence by Judge Christen; Dissent by Judge Bea. FILED AND ENTERED JUDGMENT. [10011418]