It appears that the Court's time to call for en banc
sua sponte may be extended.
But, absent something from the Court, we don't really know.
I ran across this yesterday -
http://www.ca9.uscourts.gov/content/faq.php
Quote:
17. How long does it take from the time of the notice of appeal until oral argument?
For a civil appeal, approximately 12-20 months from the notice of appeal date. If briefing isn't delayed, approximately 9-12 months from completion of briefing.
For a criminal appeal, approximately 4-5 months after briefing is complete.
18. How long does it take from the time of argument to the time of decision?
The Court has no time limit, but most cases are decided within 3 months to a year.
19. How long does it take to decide a petition for panel rehearing or petition for rehearing en banc?
The Court has no time limit. A decision on a petition for rehearing en banc may take a few months.
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Right now, we're at the 'will the Court
allow a petition to rehear en banc?' stage. Based on the Appellant's brief, the guess seems to be 'yes, the Court will allow it'.