Bandimere v. United States Securities & Exchange Commission

855 F.3d 1128, 2017 WL 1717498, 2017 U.S. App. LEXIS 8094

Opinions

ORDER

This matter is before the court on the Security and Exchange Commission’s Petition for Rehearing or Rehearing En Banc. We also have a response from the petitioner. Upon consideration, the request for panel rehearing is denied by a majority of the original panel members.

The petition and response were also transmitted to all the judges of the court who are in regular active service. Upon that circulation, a poll was called. A majority voted to deny en banc reconsideration. See Fed. R. App. P. 35(a). Consequently, the en banc request is likewise denied.

Judges Lucero and Moritz voted to grant en banc rehearing. Judge Lucero has written separately in dissent, in which Judge Moritz joins.