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United States v. Rodrigo Alejandro Morales-Perez

Citations: 445 F.3d 1156; 2006 U.S. App. LEXIS 9733; 2006 WL 1026189Docket: 05-10115

Court: Court of Appeals for the Ninth Circuit; April 19, 2006; Federal Appellate Court

Narrative Opinion Summary

The Ninth Circuit Court of Appeals case 445 F.3d 1156 involves the United States as the plaintiff-appellee and Rodrigo Alejandro Morales-Perez as the defendant-appellant. The court has withdrawn the panel opinion and Judge Tallman's dissent from February 22, 2006, and indicated that a substitute opinion will be issued later. Additionally, the petition for rehearing en banc has been denied as moot, allowing either party the option to renew the request after the new opinion is released. The case is presided over by Circuit Judges Alfred T. Goodwin, Diarmuid F. O'Scannlain, and Richard C. Tallman. The legal representation includes Elizabeth A. Olson from the DOJ for the plaintiff and Rene L. Valladares alongside Monique N. Kirtley from the Federal Public Defender's Office for the defendant.

Legal Issues Addressed

Denial of Petition for Rehearing En Banc as Moot

Application: The petition for rehearing en banc submitted in this case has been denied as moot, with the option for either party to renew the request once the substitute opinion is released.

Reasoning: Additionally, the petition for rehearing en banc has been denied as moot, allowing either party the option to renew the request after the new opinion is released.

Withdrawal of Panel Opinion

Application: The Ninth Circuit Court of Appeals has decided to withdraw the previous panel opinion and Judge Tallman's dissent, indicating the court's intention to issue a new substitute opinion.

Reasoning: The court has withdrawn the panel opinion and Judge Tallman's dissent from February 22, 2006, and indicated that a substitute opinion will be issued later.