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ROEHLER v. BORG

No. 90-56232.

957 F.2d 729 (1992)

Frederick George ROEHLER, II, Petitioner-Appellant, v. Robert BORG, Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1992.

Dissenting Opinion Amended April 10, 1992.

Attorney(s) appearing for the Case

Dennis P. Riordan, Riordan & Rosenthal, San Francisco, Cal., and Wendy Cole Lascher and Edward L. Lascher, Lascher & Lascher, Ventura, Cal., for petitioner-appellant.

David F. Glassman, Asst. Atty. Gen. and Donald F. Roeschke, Supervising Deputy Atty. Gen., Los Angeles, Cal., for respondents-appellees.

Before REINHARDT and FERNANDEZ, Circuit Judges, and SMITH, District Judge.

ORDER AND DISSENT FROM DENIAL OF LEAVE TO FILE A PETITION FOR REHEARING

The motion for leave to file petition for rehearing (and to file the associated petition for rehearing en banc) is DENIED.1

REINHARDT, Circuit Judge, dissenting from the denial of leave to file a petition for rehearing:

This is a close case. The evidence against Roehler was entirely circumstantial: a review of its sufficiency requires an intensive...

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