TASHIMA, Circuit Judge, concurring: I concur in all of Judge Ferguson’s opinion for the Court, 1 except for Parts III.B a, b, c, and d, which I regard as dicta. I write separately only to correct the mistaken assertion that Part III.A of Judge Kozinski’s opinion represents a “holding” of the Court. Judge Kozinski states: “Accordingly, we hold that the determinat…
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