U.S. v. Kaluna
| Decision Date | 04 December 1998 |
| Docket Number | No. 96-10527,96-10527 |
| Citation | 161 F.3d 1225 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Bryan K. KALUNA, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before: HUG, Chief Judge.
ORDER
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 35-3. The three-judge panel opinion, United States v. Kaluna, slip op. at 8307, 152 F.3d 1069 (9th Cir.1998), is withdrawn.
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3 cases
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US v. Prentiss, No. 98-2040
...burden of showing that specific events happened." United States v. Kaluna, 152 F.3d 1069, 1079, reh'g granted, opinion withdrawn, 161 F.3d 1225 (9th Cir. 1998). Moreover, "the government, with its ready access to official files and records, and its superior ability to locate or track down i......
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Berlanga v. Reno
...deprives district court of habeas corpus jurisdiction pursuant to 28 U.S.C. § 2241), opinion withdrawn and reh'g en banc granted, 161 F.3d 1225 (9th Cir. 1998)); and various district The Court concludes that Felker does not support Petitioner's contention that habeas jurisdiction survives A......
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United States v. Carey
...to official files and records" in a discussion of the allocation of burden of proof), withdrawn on grant of reh’g en banc , 161 F.3d 1225 (9th Cir. 1998).This conclusion is not unreasonable, but neither is it obvious. Although the relative burden here might not be as clear-cut as in other c......