UNITED STATES v. CUNNINGHAM (2024)

Written with the help of AI | Legally Reviewed by Balrina Ahluwalia, Esq. | Last updated November 12, 2024 In United States v. Cunningham, the United States Court of Appeals for the 8th Circuit addressed the denial of a petition for rehearing en banc. En banc rehearings are used when a case is considered to be of exceptional importance or when the panel decision conflicts with a decision of the Supreme Court or of the court to which the petition is addressed. In this 2024 case, the court denied the petition, meaning the original panel decision stands. Judge Stras expressed disagreement with this denial, referencing his dissent in another case, United States v. Jackson (2024). For the same reasons cited in Jackson, Stras would have granted a rehearing in the attendant matter. Judges Erickson, Grasz, Stras, and Kobes would also have granted the petition for rehearing en banc. Judge Kelly did not participate in this decision. Notwithstanding the brevity of this order, it demonstrates the potential for disagreement amongst the judges, even at this stage of proceedings.