Does the majority opinion in the 9th Circuit reject a motion by the Task Force for reconsideration?

The majority relies upon the case of Lolli v. County of Orange , 351 F.3d 410 (9th Cir. 2003) and the cases cited in Lolli. See Majority Opinion , p. 1043. However, a closer reading of the cases cited in Lolli reveals the existence of factual circumstances that are not present in this case.

In United States v. Belgarde , 300 F.3d 1177, 1180 (9th Cir. 2002), we expressed our belief that all parties understood that the government was appealing the dismissal of the Indictment following denial of a motion to reconsider. No such understanding existed in this case.

In McCarthy v. Mayo , 827 F.2d 1310, 1314 (9th Cir. 1987), we observed that [i]n denying [the] post-judgment motion, the district court incorporated the prior order ... No similar incorporation of the prior order accompanied the district court's denial of Task Force's motion for reconsideration.