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MOORE v. CALDERON

Nos. 95-99009, 95-99013.

56 F.3d 39 (1995)

Charles Edward MOORE, Jr., Petitioner-Appellee/Cross-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

May 26, 1995.

Attorney(s) appearing for the Case

Peggy S. Ruffra, Deputy Atty. Gen., San Francisco, CA, for respondent-appellant.

Brian Pass, Irell & Manella, Los Angeles, and Marianne D. Bachers, San Francisco, CA for petitioner-appellee.

Before: FERGUSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

Respondent-Appellant's motion for stay pending appeal is DENIED.1

This case is expedited, and a briefing schedule will be issued shortly.

Judge O'SCANNLAIN would grant the motion for stay.

O'SCANNLAIN, Circuit Judge, dissenting:

I respectfully disagree that we should order the release pending appeal of a double murderer who was sentenced to death by a jury of his peers and whose conviction was affirmed in a lengthy...

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