GANDARELA v. JOHNSON

No. 00-35596.

286 F.3d 1080 (2002)

Rodrigo GANDARELA, Petitioner-Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 18, 2001.

Amended March 11, 2002.


Attorney(s) appearing for the Case

Lucy J. Brehm, Stephen R. Sady (argued), Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant.

Janet A. Klapstein, (argued), Assistant Attorney General, Salem, OR, for respondent-appellee.

Before HUG, T.G. NELSON and GOULD, Circuit Judges.


ORDER

The panel recalls the mandate that issued on February 7, 2002.

The motion for reconsideration of petition for rehearing and the petition for rehearing en banc are DENIED except as the opinion is hereby amended.

The opinion filed December 18, 2001, is amended as follows:

1) In the citations following the first sentence of the third paragraph of section II of the Discussion section, delete "Sistrunk v. Armenakis,

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