United States v. Vasquez

Brief of Amici Curiae National Association of Criminal Defense Lawyers and Stanford Law School Justice Advocacy Project in Support of Petition for Rehearing En Banc.

Brief filed: 06/10/2016


United States v. Vasquez

9th Circuit Court of Appeals; Case No. 10-50029

Prior Decision

Panel decision 2016 WL 1579691 (9th Cir. April 20, 2016).


Rehearing en banc is warranted because the application of Proposition 47 to federal anti-recidivism statutes is an important and recurring issue. Proposition 47 embodies the will of California voters to decrease both direct and indirect penalties for minor drug possession and to reduce prison populations. The concerns animating Proposition 47 also apply at the federal level. Rehearing en banc is warranted because the panel decision is incorrect and conflicts with circuit precedent.

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Donald M. Falk, Mayer Brown LLP, Palo Alto, CA; Travis Crum, Mayer Brown LLP, Washington, DC; Michael Romano, Stanford Law School, Justice Advocacy Project, Stanford, CA; David M. Porter, Sacramento, CA.