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THOMPSON v. CALDERON

Nos. 95-99014, 95-99015.

120 F.3d 1045 (1997)

Thomas Martin THOMPSON, Petitioner-Appellant-Cross-Appellee, v. Arthur CALDERON, Warden of the California State Prison at San Quentin, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1997.

Amended August 8, 1997.

Second Amendment August 12, 1997.

Third Amendment August 20, 1997.

Attorney(s) appearing for the Case

Gregory A. Long, Sheppard, Mullin, Richter & Hampton, Los Angeles, California, and Quin Denvir, Sacramento, California for Petitioner-Appellant-Cross-Appellee.

Holly D. Wilkens, Deputy Attorney General, San Diego, California, for Respondent-Appellee-Cross-Appellant.

Before: HUG, Chief Judge, BROWNING, FLETCHER, PREGERSON, REINHARDT, HALL, KOZINSKI, T. G. NELSON, KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.

En Banc Rehearing August 1, 1997.

FLETCHER, Circuit Judge.

CHIEF JUDGE HUG, JUDGE PREGERSON, JUDGE REINHARDT concurring; JUDGE BROWNING, JUDGE TASHIMA, JUDGE THOMAS concurring in parts I, II and IV, and in the judgment.

Thomas Martin Thompson's execution is scheduled for August 5, 1997, for the rape and murder of Ginger Fleischli. We recall the mandate that issued on the March 6, 1997, amended opinion in Thompson v. Calderon,

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