United States v. Hickey

REINHARDT, Circuit Judge, specially

concurring:

I reluctantly concur in Judge McKeown’s opinion. I recognize that, under the precedent cited in the opinion, both in and out-of-circuit, “superseding” has been given a meaning in the context of a criminal indictment that is the direct opposite of its meaning in every other known context.1 This is, unfortunately, not the first occasion on which we have construed words in this manner. If “slight” may be equated with “substantial” and “another state” may include the “same state,” see United States v. Saavedra-Velazquez, No. 08-10078, 578 F.3d 1103,…