United States v. Fomichev

Ninth Circuit

United States v. Fomichev

909 F.3d 1078

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 30, 2018

DocketNo. 16-50227

StatusPublished

Cited by2 cases

This text of 909 F.3d 1078 (United States v. Fomichev) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Fomichev, 909 F.3d 1078 (9th Cir. 2018).

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Opinion

The government's motion for an extension of time to file a petition for rehearing, filed on September 27, 2018, is GRANTED .

The opinion filed on August 8, 2018, and appearing at 899 F.3d 766, is amended as follows:

On page nine of the slip opinion, within the first paragraph of the "DISCUSSION" section, replace "The last argument is raised for the first time on appeal, so we do not address it." with "The last argument is raised for the first time on appeal, and we decline to address it." Following that sentence, replace the citation to *1079United States ex rel. Kelly v. Serco, Inc. , 846 F.3d 325, 336 (9th Cir. 2017)with the following citation: United States v. Spilotro , 800 F.2d 959, 963 (9th Cir. 1986).

With this amendment, the panel unanimously votes to deny the government's petition for panel rehearing, filed on September 27, 2018. No further petitions for en banc or panel rehearing shall be permitted.

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The government's motion for an extension of time to file a petition for rehearing, filed on September 27, 2018, is GRANTED .

The opinion filed on August 8, 2018, and appearing at 899 F.3d 766, is amended as follows:

On page nine of the slip opinion, within the first paragraph of the "DISCUSSION" section, replace "The last argument is raised for the first time on appeal, so we do not address it." with "The last argument is raised for the first time on appeal, and we decline to address it." Following that sentence, replace the citation to *1079United States ex rel. Kelly v. Serco, Inc. , 846 F.3d 325, 336 (9th Cir. 2017)with the following citation: United States v. Spilotro , 800 F.2d 959, 963 (9th Cir. 1986).

With this amendment, the panel unanimously votes to deny the government's petition for panel rehearing, filed on September 27, 2018. No further petitions for en banc or panel rehearing shall be permitted.

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Bluebook (online)

909 F.3d 1078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fomichev-ca9-2018.

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