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DELGADO v. LEWIS

No. 97-56162.

181 F.3d 1087 (1999)

Jesus Garcia DELGADO, Petitioner-Appellee, v. Gail LEWIS, Deputy Warden; Attorney General of the State of California, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Opinion Filed February 23, 1999.

Opinion Withdrawn June 23, 1999.

Filed June 23, 1999.

Attorney(s) appearing for the Case

Sabrina Y. Lane, Deputy Attorney General, San Diego, California, for the respondents-appellants.

Michael B. Dashjian, Solvang, California, for the petitioner-appellee.

Before: PREGERSON, D. W. NELSON, and THOMAS, Circuit Judges.

ORDER

The opinion filed on February 23, 1999, and reported at 168 F.3d 1148 (9th Cir. 1999), is withdrawn, and the attached opinion is filed in its place.

With the amendments to the opinion, the petition for rehearing is denied. The full court has been advised of the suggestion for rehearing en banc, and no active judge of the court has requested a vote on whether to rehear the matter en banc. Thus, the suggestion for rehearing...

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