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DELGADO v. LEWIS

No. 97-56162.

223 F.3d 976 (2000)

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.

Filed August 23, 2000

Attorney(s) appearing for the Case

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

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

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

THOMAS, Circuit Judge:

This appeal returns to us on remand from the Supreme Court for further consideration in light of Smith v. Robbins, 528 U.S. 259, 120 S.Ct. 746, 145 L.Ed.2d 756 (2000), decided after the issuance of our prior opinion in this case. See Delgado v. Lewis, 181 F.3d 1087 (9th Cir.1999) ("Delgado I"). After reconsideration, we conclude that Smith alters our...

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