U.S. v. Novak, 04-55838.

Decision Date01 August 2006
Docket NumberNo. 04-55838.,04-55838.
Citation457 F.3d 981
PartiesUNITED STATES of America, Plaintiff-Appellant, v. Raymond P. NOVAK, Defendant-Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

Brent A. Whittlesey, Esq., Office of the U.S. Attorney Civil & Tax Divisions, Los Angeles, CA, for Plaintiff-Appellant.

Martin S. Bakst, Encino, CA, for Defendant-Appellee.

Before MARY M. SCHROEDER, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. 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.

1. Judge Fisher is recused.

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1 cases
  • U.S. v. Novak
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 22 Febrero 2007
    ...whether the government can garnish retirement plans covered by ERISA as a means of enforcing criminal restitution orders.4 457 F.3d 981 (9th Cir.2006). II. To address that question, we must resolve the apparent tension between a pair of statutory provisions that, on first glance, suggest di......
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