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CLARK v. RICKETTS

No. 87-2560.

958 F.2d 851 (1991)

James Dean CLARK, Petitioner-Appellant, v. James R. RICKETTS, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed September 28, 1989.

Rehearing Granted February 21, 1991.

Reargued and Resubmitted March 21, 1991.

Opinion Withdrawn August 9, 1991.

Decided August 9, 1991.

As Amended on Denial of Rehearing and Rehearing March 9, 1992.

Attorney(s) appearing for the Case

Michael R. Urman, DeConcini, McDonald, Brammer, Yetwin, Lacy & Zimmerman, Tucson, Ariz., for petitioner-appellant.

Bruce M. Ferg, Asst. Atty. Gen., Tucson, Ariz., for respondents-appellees.

Before FARRIS, BRUNETTI and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 9, 1992.

ORDER

The opinion in this case, decided August 9, 1991 and published at 942 F.2d 567 (9th Cir.1991), is amended by deleting footnote 6 at page 576 and substituting in its place the following footnote 6:

6 Clark also argues federal constitutional law requires that aggravating circumstances for sentencing purposes be established...

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