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SAFFOLD v. NEWLAND

No. 99-15541.

250 F.3d 1262 (2001)

Tony Eugene SAFFOLD, Petitioner-Appellant, v. Anthony NEWLAND, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2000.

Amended May 23, 2001.

Attorney(s) appearing for the Case

Mary Katherine McComb, Davis, California, for the petitioner-appellant.

Stan Cross, Deputy Attorney General, Sacramento, California, for the respondent-appellee.

Before: Betty B. FLETCHER, WILLIAM C. CANBY, Jr., and Diarmuid F. O'SCANNLAIN, Circuit Judges.

Argued and Submitted February 14, 2000 — San Francisco, California.

Opinion by Judge CANBY; Dissent by Judge O'SCANNLAIN.

ORDER

The majority opinion of this court and Judge O'Scannlain's dissent therefrom, filed on July 17, 2000, slip op. at 8271 [224 F.3d at 1087], reported at 224 F.3d 1087, are hereby amended as follows:

Majority opinion: Insert new footnote 6, to be indicated at the end of the first...

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