Opinion

Michael Cuero v. Matthew Cate

  • 850 F.3d 1019
  • 2017 U.S. App. LEXIS 4078
  • 2017 WL 908239
Court
Court of Appeals for the Ninth Circuit
Filed
Mar 8, 2017
Status
Published
On the bench
Callahan, O'Scannlain, Silverman, Wardlaw, Tallman, Bybee, Bea, Smith, Ikuta
Nature of suit
Habeas
Cited by
3 cases
Authority
More cited than 60.3%

explaining that a “charge bargain” consists of “an arrangement whereby the defendant and prosecutor agree that the defendant should be permitted to plead guilty to a charge less serious than is supported by the evidence”

How later courts described this case

  • explaining that a “charge bargain” consists of “an arrangement whereby the defendant and prosecutor agree that the defendant should be permitted to plead guilty to a charge less serious than is supported by the evidence”

Written by the judges who cited it.

The opinion

Concurrence by Judge WARDLAW;

Dissent by Judge CALLAHAN

ORDER

Judges Silverman 1 and Wardlaw have voted to deny the petition for panel rehearing and rehearing en banc. Judge *1020 O’Scannlain has voted to grant the petition for panel rehearing and rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a'majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35.

The petition for panel rehearing and rehearing en banc is DENIED.

IT IS SO ORDERED.

. Judge O’Scannlain and Judge Silverman both voted on the petition for rehearing en banc while they were in active status.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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