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15-10430 - USA v. Rogelio Sanchez Molinar


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15-10430 - USA v. Rogelio Sanchez Molinar
November 29, 2017
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FILED OPINION (WILLIAM A. FLETCHER, MORGAN B. CHRISTEN and MICHELLE T. FRIEDLAND) AFFIRMED. Judge: WAF Dissenting, Judge: MTF Authoring. FILED AND ENTERED JUDGMENT. [10670621]
February 5, 2018
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Filed order and amended opinion (WILLIAM A. FLETCHER, MORGAN B. CHRISTEN and MICHELLE T. FRIEDLAND). Amending Disposition Opinion AFFIRMEDThe opinion filed on November 29, 2017, and appearing at 876 F.3d 953, is hereby amended as follows: On page 960, note 8, the citation “Commonwealth v. Zangari, 42 Mass.App.Ct. 931, 677 N.E.2d 702, 703 (1997) (“[W]here the snatching or sudden taking of property from a victim is sufficient to produce awareness, there is sufficient evidence of force to permit a finding of robbery.”) (quoting Commonwealth v. Davis, 7 Mass.App.Ct. 9,385 N.E.2d 278, 279 (1979));” is deleted. In addition, on page 964, in the dissent, “see also United States v. Parnell, 818 F.3d 974, 982 (9th Cir. 2016) (Watford, J., concurring) (noting that at common law, “[t]o commit robbery, the defendant also had to use violence or intimidation to coerce the victim into parting with his property”)” is added after “Santiesteban-Hernandez, 469 F.3d at 830 (“The immediate danger element is what makes robbery deserving of great. punishment than that provided for larceny.” (internal quotation marks omitted))”. With the foregoing amendments, Judge Friedland and Judge Christen vote to deny the petitions for panel rehearing and rehearing en banc, and Judge Fletcher votes to grant the petitions. Appellant’s petition for panel rehearing, filed December 12, 2017, is DENIED. The full court has been advised of the petition for rehearing en banc, and no judge requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc, filed the same date, is DENIED. No future petitions shall be entertained. [10750599]