No. 00-35640.

265 F.3d 1080 (2001)

Mark Steven VAN BUSKIRK, Petitioner-Appellant, v. George H. BALDWIN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2001.

Amended September 24, 2001.

Attorney(s) appearing for the Case

Craig E. Weinerman, Assistant Federal Public Defender, Eugene, Oregon, for the petitioner-appellant.

Janet A. Klapstein, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

Before: GOODWIN, GREENBERG, and RAWLINSON, Circuit Judges.


The opinion filed June 28, 2001 in the above matter, No. 00-35640, and appearing at 255 F.3d 974, 977 (9th Cir.2001), is amended as follows:

1) Slip op. at 8205, lines 11-15; 255 F.3d at 977, lines 41-48 delete:

The first half of the question is whether the Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) standard for testing the adequacy...

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