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SANDOVAL v. CALDERON

Nos. 99-99010, 99-99013.

241 F.3d 765 (2001)

Alfred Arthur SANDOVAL, Petitioner-Appellee, v. Arthur Calderon, Warden of the California State Prison at San Quentin, Respondent-Appellant. Alfred Arthur Sandoval, Petitioner-Appellant, v. Arthur Calderon, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2000

Amended February 21, 2001

Attorney(s) appearing for the Case

Jeffrey B. Kahan, Deputy Attorney General, Los Angeles, California, for the respondent-appellant/appellee.

Manuel U. Araujo, Beverly Hills, California and Michael S. Magnuson, Whittier, California, for the petitioner-appellee/appellant.

C. Renee Manes, Assistant Federal Public Defender, Los Angeles, California; John T. Philipsborn, San Francisco, California; and Joseph Schlesinger, Assistant Federal Public Defender, Sacramento, California, for the amici.

Before: Mary M. Schroeder, Michael Daly Hawkins and Raymond C. Fisher, Circuit Judges.

Argued and Submitted June 13, 2000 — San Francisco, California

Opinion by Judge SCHROEDER; Dissent by Judge FISHER

ORDER

The Brief of Amici Curiae is ordered filed.

The majority opinion filed November 11, 2000, is amended as follows:

At 231 F.3d 1140, 1145, delete the last paragraph under "APPLICABILITY OF AEDPA" and insert the following paragraph: "We also reject the State's argument that...

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