PASADENA - The Ninth Circuit agreed to hold an en banc rehearing of a case involving an immigrant smuggler that went before a three-judge panel in September.
Francisco Gasca-Ruiz is appealing his sentence after pleading guilty in San Diego to one count of transportation of illegal aliens.
Ninth Circuit Judges Susan Graber and Paul Watford sat on the panel that conducted a Sept. 3 hearing on the case. Chief U.S. District Judge John Tunheim rounded out that panel, sitting by designation from Minneapolis.
The order published late Thursday, agreeing to hold an en banc rehearing contains now other comment about the case.
Chief Judge Sidney Thomas signed the order, which notes only that Judge John Owens did not participate in the deliberations or vote.
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