Judge Paez (joined by Judge Fernandez) adopted a particular view that reversed the defendant's convictions and let him go free on those charges. Judge Watford, in dissent, articulated a different view that would affirm the defendant's conviction. I suggested a third path that would reverse the conviction and yet remand for a new trial.
The Ninth Circuit decides to take the matter en banc. We'll now see which alternative the court finds most persuasive.
