Micah and Jason Holland filed individual Petition for Writ of Habeas Corpus in the United States District Court for the Central District of California in May and July 2004. The petitions raised identical, overlapping, and separate claims: Brady violations, prosecutorial misconduct, ineffective assistance of counsel, improper exclusion or admission of evidence, juror misconduct, judicial misconduct, cruel and unusual punishment, and arbitrary and capricious sentence reduction. On April 3, 2007, the United States magistrate judge assigned to the case filed a joint Report and Recommendation, recommending that the petitions be denied. All four appellants filed objections to the Magistrate's report, but the United States District Judge adopted the Report and Recommendation without modification. Each appellant then requested a Certificate of Appealability to the United States Court of Appeals for the Ninth Circuit, which were all granted in whole or in part by the District Court. On January 17, 2008, the Ninth Circuit Court granted a motion to consolidate the appeals of the four appellants. On October 7, 2009 the appeals were heard by a three-judge panel of the United States Court of Appeals for the Ninth Circuit. Attorneys for the four alleged false testimony by McLoren and misconduct by the prosecution, including failure to disclose evidence favorable to the defense. On April 12, 2010 the appeals were denied, with the court acknowledging some instances of prosecutorial misconduct but saying their combined effect, along with the nondisclosure of McLoren's immunity, was not sufficient to render the trial fundamentally unfair. On May 26, 2010 attorneys for Hein, Miliotti, and Jason Holland filed a "Joint Petition for Rehearing En Banc." Attorneys for Micah Holland filed a separate "Petition for Rehearing En Banc." In the petitions, the attorneys argue that the April 12 opinion by the three-judge panel "conflicts with a well-settled body of law within the Ninth Circuit," and that "En banc review is necessary to secure and maintain the uniformity of this Court’s decisions." On July 16, 2010, the three-judge panel of the Ninth Circuit Court issued an order stating that "The full court has been advised of the petitions for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. The petitions for panel rehearing and the petitions for rehearing en banc are denied." On November 15, 2010, attorneys for the four petitioners filed a petition for a writ of certiorari with the Supreme