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JOHNSON v. GIBSON

No. 96-6336.

169 F.3d 1239 (1999)

Malcolm Rent JOHNSON, Petitioner-Appellant, v. Gary L. GIBSON, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

February 26, 1999.

Attorney(s) appearing for the Case

Vicki Ruth Adams Werneke, Assistant Federal Public Defender (Randy A. Bauman, Assistant Federal Public Defender, with her on the briefs), Death Penalty Federal Habeas Corpus Division, Oklahoma City, Oklahoma, for the Petitioner-Appellant.

William L. Humes, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, Oklahoma, for the Respondent-Appellee.

Before SEYMOUR, ANDERSON and LUCERO, Circuit Judges.

ORDER

This matter is before the court on petitioner Malcolm Rent Johnson's Petition for Rehearing. The petition is denied. Mr. Johnson correctly maintains, however, that the opinion of December 28, 1998, did not correctly address one issue raised in his appeal. The accompanying amended opinion addresses that issue.

The suggestion for rehearing en banc was transmitted to all of the judges of the court who are in regular active service as required by Fed....

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