Friday, November 13, 2015

U.S. v. Gasca-Ruiz (9th Cir. - Nov. 12, 2015)

The Ninth Circuit takes this case en banc.  But I don't recognize the caption.  What's the deal?

Maybe it's a published opinion I forgot about?  Nope.  No published opinion with that docket number.

Maybe it's the rare successful en banc call for an unpublished opinion?  Nope.  No unpublished opinion with that docket number either.

Maybe it's a case where, during oral argument, it became clear that the case should be taken en banc?  Nope.  No audio or video of the oral argument.

So I have to spend the money to go on PACER and find out the scoop.

No oral argument.  Argument was scheduled for September 4, 2015.  Then moved up a day to September 3, 2015.  Then, two weeks later, oral argument is cancelled altogether, and the case ordered submitted on the briefs.

Then a sua sponte en banc call on October 5, 2015, which then succeeds.

So the order says that the case will now be "reheard en banc," which is a little misleading.  Since it's never actually been heard.

Looking forward to the outcome.  Or even learning what the thing's about.