Wednesday, April 05, 2017

U.S. v. Gasca-Ruiz (9th Cir. - April 5, 2017)

It's not necessarily difficult to obtain a unanimous en banc opinion.  You just have to (1) have an intra-circuit conflict about the relevant standard of review, (2) on which one side is fairly clearly right, (3) in a case in which it totally doesn't matter what standard of review applies.

Here you go.