United States v. Jose Molina-Tarazon
Opinion
Opinion
ORDER
The United States seeks leave to file a Petition for Rehearing and Rehearing en Banc that is 19 pages and 5505 words long. See Fed. R.App. P. 35(b)(2) (limiting petitions for rehearing en banc to 15 pages); Fed. R.App. P. 40(b) (limiting petitions for rehearing to 15 pages); 9th Cir. R. 40-1 (allowing alternate length limitations of 4200 words or 390 lines of text). Counsel advises us that his original draft was 30 pages long, and the petition was “extensively reviewed by members of our Appellate Section, with the intent to reduce the length.” We gather these efforts were not entirely successful. Counsel concludes: “I believe that this is as short as the petition can reasonably be and still do justice to the important and difficult issue raised in this appeal.”
[1-3] Leave to file a fat brief will be granted only upon a showing of diligence and substantial need.” 9th Cir. R. 32-2. Counsel’s belief that he has exhausted his ability to edit the brief is not a showing of “diligence and substantial need. To satisfy this standard, counsel must show that the additional space is justified by something unusual about the issues presented, the record, the applicable caselaw or some…