U.S. v. Crawford, 01-50633.

Decision Date02 September 2003
Docket NumberNo. 01-50633.,01-50633.
Citation343 F.3d 961
PartiesUNITED STATES of America, Plaintiff-Appellee, State of California, Intervenor, v. Raphyal CRAWFORD, aka Aarmyl Crawford, Defendant-Appellant.
CourtU.S. Court of Appeals — Ninth Circuit

David P. Curnow, Asst. U.S. Atty., Sheri Walker Hobson, USSD-Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Doris A Calandra, District Atty. Gen., Attorney General's Office, Sacramento, CA, Lee E. Seale, Attorney General's Office, Sacramento, CA, for Intervenor.

Michael J. McCabe, Law Offices of Michael McCabe, San Diego, CA, for Defendant-Appellant.

Before: SCHROEDER, Chief Judge.


Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 353. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

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5 cases
  • U.S. v. Kincade
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 18, 2004
    ...(holding that suspicionless searches of probationers and parolees violates the Fourth Amendment), reh'g granted, vacated by 343 F.3d 961 (9th Cir.2003); 372 F.3d 1048, 2004 WL 1375521 (9th Cir. Jun 21, 2004) (en banc) (assuming over the objection of several concurring judges, but not decidi......
  • U.S. v. Crawford
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 21, 2004
    ...his first theory, without reaching any of his other assertions of error. We ordered this case to be reheard en banc, United States v. Crawford, 343 F.3d 961(9th Cir.2003), and we now affirm Defendant's convictions on a different ground, but vacate and remand with respect to his sentence. ST......
  • Wilson v. City of Fountain Valley
    • United States
    • U.S. District Court — Central District of California
    • March 23, 2004
    ...Knights, the Ninth Circuit held in United States v. Crawford, 323 F.3d 700 (9th Cir.2003), vacated and en banc rehearing granted, 343 F.3d 961 (9th Cir.2003), that authorities violated the Fourth Amendment when they searched parolee Raphyal Crawford without reasonable suspicion — even thoug......
  • Moreno v. Baca
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 7, 2005
    ...opinion was set aside when a majority of all the active judges of this court voted to rehear the case en banc. See United States v. Crawford, 343 F.3d 961 (9th Cir.2003). Since the subsequent en banc panel decided not to adopt its reasoning, the opinion of the original three-judge panel has......
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