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SANTAMARIA v. HORSLEY

No. 95-16991.

138 F.3d 1280 (1998)

Jose Napolean SANTAMARIA, Plaintiff-Appellee, v. Don HORSLEY, Sheriff, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 11, 1998.

ORDER

The separate concurrence of Judge Kozinski in this case, filed January 16, 1998, is amended as follows:

At slip op. 512 [133 F.3d at 1250], add footnote 1 to the end of the first full paragraph, after "disputed evidence.", as follows:

In his petition for rehearing, Santamaria agrees that we lack jurisdiction over pretrial habeas claims of evidence preclusion. See PFR at 7. He argues, however, that we have jurisdiction over his appeal...

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