Legal Opinion

United States v. Withers

Court of Appeals for the Ninth Circuit

Decided August 19, 2010No. Nos. 05-56795, 08-55096PublishedCited by 136 opinions

1Opinion of the Court

Opinion by Judge PREGERSON; Dissent by Judge NOONAN.

ORDER

In response to a petition for panel rehearing from Plaintiff-Appellee United States of America, the majority opinion filed August 19, 2010, slip op. 12207, and appearing at 618 F.3d 1008 (9th Cir.2010), is hereby amended as follows:

At slip op. at 12220, line 31 [618 F.3d at 1017], after the sentence “Because the district court did not order the government to respond to Withers’s motion, the government never raised an affirmative procedural bar defense in the district court,” add the following sentence and citation: “Further, the…

2Cases cited37 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Bousley v. United StatesSupreme Court of the United States · 1998
  5. Puckett v. United StatesSupreme Court of the United States · 2009

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3Cited by136 opinions

  1. Patrick Neiss v. Pete BludworthCourt of Appeals for the Ninth Circuit · 2024
  2. Medina, Hector RolandoCourt of Criminal Appeals of Texas · 2011
  3. Damous Nettles v. Randy GroundsCourt of Appeals for the Ninth Circuit · 2016
  4. Visciotti v. MartelCourt of Appeals for the Ninth Circuit · 2016
  5. United States v. DeanDistrict Court, D. Oregon · 2016

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