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PENNYWELL v. RUSHEN

No. 81-4445.

705 F.2d 355 (1983)

Ronald PENNYWELL, Petitioner-Appellant, v. Ruth RUSHEN, Director, California Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted November 15, 1982.

Decided May 3, 1983.

Attorney(s) appearing for the Case

Gregory L. Hartwell, San Francisco, Cal., for petitioner-appellant.

Michael I. Mintz, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before WRIGHT, ANDERSON and CANBY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The government's petition for rehearing is granted. The memorandum decision, filed January 3, 1983, is withdrawn. The suggestion for en banc review has been circulated to all active circuit judges, and none has called for a vote on the en banc suggestion. Review en banc is denied.

The following opinion is the decision of the court after rehearing.

In this appeal from a denial of a habeas corpus petition, we consider...

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