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Whether awake or asleep, felons shouldn't possess guns, en banc Ninth Circuit rules

Whether awake or asleep, felons shouldn't possess guns, en banc Ninth Circuit rules: So holds a rare unanimous en banc panel of the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today.

As for why the case was taken en banc, the original three-judge panel had ruled by a 2-1 margin, in November 2008, that the defendant was entitled to a judgment of acquittal because he was found asleep but in possession of firearms.

My earlier coverage of the case appears in posts titled "Only in the Ninth Circuit?" (reporting on the original three-judge panel's ruling) and "A real sleeper of a Ninth Circuit en banc case" (reporting on the order granting rehearing en banc).

Full post as published by How Appealing on March 19, 2010 (boomark / email).