96 Cal. Daily Op. Serv. 146, 96 Daily Journal D.A.R. 237 in the Matter of the Requested Extradition of James Joseph Smyth. United States of America v. James Joseph Smyth

72 F.3d 1433 96 Cal. Daily Op. Serv. 146 , 96 Daily Journal D.A.R. 237 In the Matter of the Requested EXTRADITION OF James Joseph SMYTH. UNITED STATES of America, Plaintiff-Appellant, v. James Joseph SMYTH, Defendant-Appellee. No. 94-10495. United States Court of Appeals, Ninth Circuit. Jan. 5, 1996. Prior report: 61 F.3d 711 (1995). Before: SNEED, SCHROEDER, and FERGUSON, Circuit Judges. 1 Dissent by Judge NOONAN; Dissent by Judge REINHARDT. 2 The panel has voted to deny appellee's petition for rehearing and to reject the suggestion for rehearing en banc. 3 The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes in favor of en banc consideration. Fed.R.App.P. 35. 4 The petition for rehearing is denied and the suggestion for rehearing en banc is rejected. 5 NOONAN, Circuit Judge, dissenting from failure to take en banc, with whom Circuit Judges PREGERSON, REINHARDT and O'SCANNLAIN join: 6 1. The Article II Appellate Court. This case presents an issue of unusual significance for the Judicial Branch of the government: if a court of appeals…