United States v. Eteuati Paopao

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION

ORDER

This court’s opinion filed October 10, 2006, and published at United States v. Paopao, 465 F.3d 404 (9th Cir. October 10, 2006) is amended as follows:

On slip op. page 17359, and appearing at 465 F.3d at 409 , insert the following footnote after the final paragraph in Part I:

With this amendment, the panel has voted to deny the petition for rehearing. Judge Berzon has voted to deny the petition for rehearing en banc; and Judges Fletcher and Trager so recommend.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc, filed October 18, 2006, are DENIED.

Future petitions for rehearing will not be entertained.

OPINION

Eteuati Paopao (“Paopao”) pled guilty to a violation of 18 U.S.C. § 922 (g), possession of a firearm by a felon. Under a reservation of rights, he now appeals two of the District Court’s rulings. Specifically, Paopao alleges that the District Court erred in not suppressing the Honolulu Police Department’s…