HAMLEY, Circuit Judge:
Donald Lee Blabon, a California state prisoner, applied to the district court for a writ of habeas corpus. The district court granted the writ, but this court, as then constituted (Judges Hamley, Ely and Mathes), reversed. Judge Mathes wrote the opinion and Judge Ely dissented. Wilson v. Blabon, 9 Cir.,
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