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McDOWELL v. CALDERON

No. 96-99000.

116 F.3d 364 (1997)

Charles E. McDOWELL, Petitioner-Appellant, v. Arthur CALDERON, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1997.

Amended May 23, 1997.

Filed June 30, 1997.

Attorney(s) appearing for the Case

Andrea G. Asaro, Rosen, Bien & Asaro, San Francisco, CA, for petitioner-appellant.

Robert F. Katz, Deputy Attorney General, Los Angeles, CA, for respondent-appellee.

Before: WIGGINS, THOMPSON and TROTT, Circuit Judges.

Opinion by Judge DAVID R. THOMPSON; Partial Concurrence and Partial Dissent by Judge TROTT.

ORDER

The opinion filed February 26, 1997 and published at 107 F.3d 1351 is amended by deleting Judge Trott as concurring in the majority opinion, and by adding to the majority opinion Judge Trott's concurring and dissenting opinion filed herewith.

With this amendment, Judges...

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