Friday, October 23, 2009

Tran-scending an En Banc Call

United States v. Tran, __ F.3d __, No. 07-30270 (9th Cir. Oct. 23, 2009) (ord. denying rehearing en banc.)

In June of 2009 we blogged that rarest of beasts: a good conspiracy decision. See blog here, discussing
United States v. Tran__ F.3d __, No. 07-30270, 2009 WL 1773149 (9th Cir. June 24, 2009).

Surprisingly, someone did not share our view of Tran -- an en banc call went out. Today, happily, the Tran panel was vindicated: the petition for rehearing en banc was denied. See order here. Judges Gould, O'Scannlain, Kleinfeld, Tallman, Bybee, Callahan and Bea were less Tran-sfixed with the opinion and dissented from the order denying rehearing.

Now, let us all whistle collectively past the cert. graveyard . . .

Steven Kalar, Senior Litigator N.D. Cal. FPD. Website at




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