Adrian Reyes v. Greg Lewis

BEA, Circuit Judge,

with whom O’SCANNLAIN, Circuit Judge, joins as to paragraphs 1 and 4, dissenting from the denial of rehearing en banc:

1. I join Judge Callahan’s dissent from the denial of rehearing en banc.

2. I write separately to reiterate my view that United States v. Davis, 825 F.3d 1014 (9th Cir.2016) (en banc), was wrongly decided. As I explained in my Davis dissent, id. at 1032-37 (Bea, J., dissenting), Marks v. United States, 430 U.S. 188, 97 S.Ct. 990, 51 L.Ed.2d 260 (1977), requires that we apply a “results-based” approach, not a “reasoning-based” approach, when interpreting…