Request For Rehearing (denied) and Dissenting Opinion
Weitzenhoff and Mariani requested a rehearing before the Ninth Circuit en banc, which the Court of Appeals denied, affirming its previous decision by a three-judge panel and making minor revisions in its legal opinion.
Several judges on the Ninth Circuit Court of Appeals took this opportunity to collaborate on a dissenting opinion against the decisions to deny a rehearing en banc. Circuit Judge Andrew Kleinfeld authored the legal opinion for this dissent, arguing that imposing criminal liability in this case would deter others from useful careers in the public utilities. Joining in this dissenting opinion were Circuit Judges Alex Kozinski, Stephen S. Trott, and T.G. Nelson.
Read more about this topic: United States V. Weitzenhoff
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