Legal Opinion · Dissent
UNITED STATES v. RAUL ORTUÑO-HIGAREDA
Court of Appeals for the Ninth Circuit
Decided June 8, 2006No. 04-10257Published
1DissentWallace, Circuit Judge
The government was obviously upset by our earlier opinion in this case, United States v. Ortuño-Higareda, 421 F.3d 917 (9th Cir.2005), and immediately began easting its net for a different and more plausible argument. The government’s brand new argument, advanced for the first time in its petition for rehearing, has now been accepted by a majority of this panel. I must respectfully dissent. I would not entertain the government’s argument, as it is both waived and without merit.
As the majority properly states, we normally do not consider contentions that went unmentioned during the full round…
2Cases cited9 opinions
- Betty L. Varney v. Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1988
- United States v. Rickey Dean SimmonsCourt of Appeals for the Ninth Circuit · 1987
- United States v. Charles Laughlin, AKA Charles William Laughlin, John Tracy LaughlinCourt of Appeals for the Ninth Circuit · 1991
- United States v. John Andrew DaneCourt of Appeals for the Ninth Circuit · 1978
- United States v. Favio Ortega-BritoCourt of Appeals for the Ninth Circuit · 2002
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