United States v. Martinez

ON PETITIONS FOR REHEARING and PETITIONS FOR REHEARING EN BANC

Before GEWIN, GOLDBERG and DYER, Circuit Judges. DYER, Circuit Judge:

Relying on United States v. Ortiz, 1975, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 623, and United States v. Brignoni-Ponce, 1975, 422 U.S. 973, 95 S.Ct. 2574, 45 L.Ed.2d 607, the convictions in these cases were reversed.1

Upon the government’s petition for rehearing en banc the Court was polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service voted to deny it. Since a dissent has been filed from…