MILAN D. SMITH, JR., Circuit Judge, delivered the opinion of the court, in which KOZINSKI, Chief Judge, and KLEINFELD, McKEOWN, WARDLAW, TALLMAN, CLIFTON, BYBEE and IKUTA, Circuit Judges, join. RAYMOND C. FISHER, Circuit Judge, filed a concurring opinion, in which SCHROEDER, W. FLETCHER, and PAEZ, Circuit Judges, join. STEPHEN REINHARDT, Circuit Judge, filed a dissent, in which THOMAS, Circuit Judge, joins.…
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