Narrative Opinion Summary
The Ninth Circuit Court of Appeals has ordered a rehearing of the case involving the United States and defendant Micah J. Gourde. The decision for en banc review was made by a majority of the nonrecused regular active judges of the court. Consequently, the prior opinion issued by the three-judge panel is not to be cited as precedent by this court or any district court within the Ninth Circuit, unless adopted by the en banc court. The case was argued by Janet L. Freeman for the plaintiff-appellee and Colin Fieman for the defendant-appellant.
Legal Issues Addressed
En Banc Review Proceduresubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals ordered an en banc rehearing, indicating that the case will be reconsidered by a larger group of judges rather than the original three-judge panel.
Reasoning: The Ninth Circuit Court of Appeals has ordered a rehearing of the case involving the United States and defendant Micah J. Gourde.
Judicial Participation in En Banc Rehearingssubscribe to see similar legal issues
Application: The decision to conduct an en banc rehearing was made by a majority of the nonrecused regular active judges, highlighting the process of judicial decision-making in rehearings.
Reasoning: The decision for en banc review was made by a majority of the nonrecused regular active judges of the court.
Precedential Value of Panel Decisionssubscribe to see similar legal issues
Application: The prior opinion issued by the three-judge panel cannot be cited as precedent unless it is adopted by the en banc court.
Reasoning: Consequently, the prior opinion issued by the three-judge panel is not to be cited as precedent by this court or any district court within the Ninth Circuit, unless adopted by the en banc court.