Beardslee
United States v. Beardslee
Lead Opinion
ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
The opinion filed on November 1, 1999 [ 197 F.3d 378 ] is hereby amended as follows:
With the Opinion so amended, the panel, as constituted above, has voted unanimously to deny the petition for rehearing. Judge Silverman has voted to deny the petition for rehearing en banc, and Judges Choy and Canby have recommended the same.
The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35.
*984 The petition for rehearing and the petition for rehearing en banc are hereby DENIED.
. Davis was a considerably different case from Beardslee’s. In Davis , the witness was a possible suspect in the crime for which Davis was being tried, and his testimony was crucial in identifying Davis as the perpetrator. See Davis, 415 U.S. at 317-318 , 94 S.Ct. 1105 . The witness had also denied ever having been interrogated by the police on prior occasions. See id. at 316 , 94 S.Ct. 1105 .