United States v. Sundeep Dharni

ORDER

Appellant Sundeep Dharni’s petition for panel rehearing is GRANTED. The previous opinion, United States v. Dharni, 738 F.3d 1186 (9th Cir.2014), is VACATED. The petition for rehearing en banc is DENIED AS MOOT.

I.

Our resolution of this case was premised on the conclusion that “the district court judge specifically authorized family members and spectators to reenter when seats were available.” Dharni, 738 F.3d at 1189 . It was on that understanding that we held that “the insufficient seating for spectators and family members for a limited period of time of uncertain duration did not violate Dharni’s rights.” Id. In his petition, Dharni explains that the government’s position before the district court was actually that the closure was for the entire voir dire period, not only until seats opened up, and that the district court’s decision rested on the same understanding. See Appellant’s Pet. for Reh’g and for Reh’g En Banc, at 4-5, Feb. 14, 2014, ECF No. 48. The government does not contest those observations. See Appellee’s Br. in Opp’n to Appellant’s Pet. for Reh’g and for Reh’g En Banc, at 10 n. 1, Mar. 19, 2014, ECF No. 53. Because the government never asserted the…