# Michael Cuero v. Matthew Cate

> Court of Appeals for the Ninth Circuit · March 8, 2017 · 850 F.3d 1019

URL: https://www.frixlaw.com/law-library/cases/9872990

## Case

- **Full name:** Michael Daniel CUERO, Petitioner-Appellant, v. Matthew CATE, Respondent-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** March 8, 2017
- **Citations:** 850 F.3d 1019; 2017 U.S. App. LEXIS 4078; 2017 WL 908239
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Callahan, O'Scannlain, Silverman, Wardlaw, Tallman, Bybee, Bea, Smith, Ikuta
- **Nature of suit:** Habeas
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9872990

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9872990. Public record. Not legal advice.