Ninth Circuit’s Ameline goes en banc!

As Howard Bashman reports here, the Ninth Circuit today granted rehearing en banc in Ameline, the case in which the circuit had established a broad plain error standard for Booker cases (detailed here).  The Ninth Circuit’s order, which serves to vacate the panel’s ruling, is available here, and all the paper related to the case can be accessed here.

With this development, combined with the Fourth Circuit’s intriguing rehearing decision in Hughes, leaves only the Third and Sixth Circuits applying the broad “presumption of prejudice” plain error standard (discussed more fully here).