United States v. Jesus Perez Garcia
Opinion
Opinion
background, errors in the panel’s merits analysis—which abstracts the history to such a high level of generality that it essentially returns to the realm of interest-balancing, all while failing to hold the government to its burden—become all the more problematic, and presents an exceptional circumstance in which it would have been appropriate for the court to exercise its equitable discretion to vacate the panel’s opinion.
ORDER
The panel unanimously voted to deny the petition for panel rehearing. Judges Wardlaw and Sanchez voted to deny the petition for rehearing en banc, and Judge Clifton so recommends. The full court was advised of the petition for rehearing en banc. A judge of the court requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35. Judges Owens and Bumatay did not participate in the deliberations or vote in this case. The petition for panel rehearing and rehearing en banc, Dkt. 31, is DENIED. No further petitions for rehearing en banc will be considered. USA V. PEREZ-GARCIA