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MASON v. VASQUEZ

Nos. 93-99008, 93-99009.

5 F.3d 1226 (1993)

David Edwin MASON, By and Through Charles C. MARSON, Petitioner-Appellant, v. Daniel B. VASQUEZ, Warden of the California State Prison at San Quentin, Respondent-Appellee. David Edwin MASON, Petitioner, Randy ALANA, Patrick Tafoya and Lee Terry Farmer, as next friends of David E. Mason, Applicants in intervention-Appellants, v. Daniel B. VASQUEZ, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 6, 1993.

ORDER

The mandate is recalled. The en banc court having completed its duty pursuant to Death Penalty Rule 22-4(e)(3), the en banc court remands this cause to the panel which had initial jurisdiction.

PREGERSON, Circuit Judge, dissenting:

Because I do not believe that the en banc panel completed its duties under Ninth Circuit Rules 22-2(b)(4) and 22-4(e)(2), I respectfully dissent. I also concur in Judge Noonan's dissent.

I. PROCEDURE

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