Spears v. Stewart

*1005Statement of

Judge KOZINSKI,

with whom Circuit Judges O’SCANNLAIN, T.G. NELSON, GRABER and TALLMAN join, concerning the denial of the petitions for rehearing en banc:

For the second time in eight months, judges of this court have advised the public and the other courts of this circuit to ignore portions of an opinion that commands a majority of the panel that decided it. See also United States v. Johnson, 256 F.3d 895, 921 (9th Cir.2001) (Tashima, J., concurring) (“Because they are, in fact, dicta, subsequent panels are not bound either by [the majority’s] self-proclaimed ‘holding’ or by [its]…