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.
Argument: 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.