The following excerpt is from State v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014):
For recognizing the factual and legal backdrop underlying the district court's decision, the majority accuses me of undertaking a de novo review and usurping the district court's role. Not so. Although I have the benefit of a post hoc perspective that necessarily comes with appellate review (not to mention knowledge of the majority's newly-fashioned legal standards), I have simply evaluated the district court's reasoning in light of the record as a whole, which we are required to do when reviewing a decision for abuse of discretion. See, e.g., McKinley v. City of Eloy, 705 F.2d 1110, 1117 (9th Cir.1983).
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