Sometimes it's lonely being the only strong leftie drawn for an en banc panel. So you get outvoted. Big time. As in double digits to your one.
Such is the life of Judge Pregerson. Who was drawn for this case, which took en banc the previous opinion in a criminal case authored by Judge Betty Fletcher (and joined by Judge Thomas). But neither Judge Fletcher or Thomas -- or even reliable lefties like Judge Reinhardt -- were selected for the en banc court. And hence Judge Pregerson stood alone.
Vox clamantis in deserto, as we used to say.