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KLEVE v. HILL

No. 97-56182.

243 F.3d 1149 (2001)

Thomas Charles Kleve, Petitioner-Appellant, v. D. R. Hill, Warden Cci; J. Gomez; Attorney General of the State of California; Daniel E. Lungren, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2001.

Attorney(s) appearing for the Case

Jeffrey A. Aaron, Twin Peaks, CA, for the petitioner-appellant.

Douglas L. Wilson, Office of the Attorney General of California, Los Angeles, California, for the respondents-appellees.

Before: DOROTHY W. NELSON, FERDINAND F. FERNANDEZ, and WILLIAM A. FLETCHER, Circuit Judges.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge D.W. NELSON

OPINION ON REMAND

WILLIAM A. FLETCHER, Circuit Judge:

The Supreme Court has granted certiorari, vacated and remanded for reconsideration in light of its decision in Fiore v. White, 531 U.S. 225, 121 S.Ct. 712, 148 L.Ed.2d 629 (2001). See Kleve v. Hill, ___ U.S. ___, 121 S.Ct. 851, 148 L.Ed.2d 766 (2001). For the reasons that follow, we...

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