In United States v. Guerrero, No. 11-10577 (9th Cir. 8/31/12) , the Ninth Circuit dismissed the appeal of the Fresno district court's denial of Guerrero's motion to seal his pretrial competency proceedings in a USP Atwater capital murder prosecution. Opinion by Judge Murguia, joined by Hawaii district judge David Ezra. Judge Reinhardt dissented on the ground that the court should have exercised jurisdiction over the appeal under the collateral order doctrine. This one might go en banc.