United States v. Steven Duarte

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 17 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50048

Plaintiff-Appellee, D.C. No. 2:20-cr-00387-AB-1 Central District of California, v. Los Angeles

STEVEN DUARTE, AKA Shorty, ORDER

Defendant-Appellant.

MURGUIA, Chief Judge:

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 is vacated.

FILED

JUL 17 2024

United States v. Duarte, No. 22-50048 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

VANDYKE, Circuit Judge, dissenting from the grant of rehearing en banc:

“What would you do if you were stuck in one place and every day was exactly

the same, and nothing that you did mattered?” In the Ninth Circuit, if a panel

upholds a party’s Second Amendment rights, it follows automatically that the case

will be taken en banc.…