Fortino Alvarez v. Randy Tracy

Concurrence by

Judge Kozinski;

Partial Concurrence and Partial Dissent by Judge O’Scannlain

ORDER

The petition for panel rehearing is GRANTED. The opinion and dissent filed on December 8, 2014 and published at 773 F.3d 1011 are withdrawn. They are replaced by the new opinion and dissent filed concurrently with this order. The pending petition for rehearing en banc is DENIED as moot. The parties may file new petitions for panel rehearing or rehearing en banc within 14 days.

OPINION

KOZINSKI, Circuit Judge:

We consider whether an Indian tribe violated a criminal defendant’s rights by failing to inform…