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McNEELY v. BLANAS

No. 02-15860.

336 F.3d 822 (2003)

Dock McNEELY, Petitioner-Appellant, v. Lou BLANAS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed April 18, 2003.

Amended July 17, 2003.

Attorney(s) appearing for the Case

Daniel J. Broderick, Chief Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.

Craig S. Meyers, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before: NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

ORDER

The opinion filed on April 18, 2003, and reported at 326 F.3d 1056, is withdrawn and replaced by the amended opinion filed concurrently with this order. With these amendments, the panel has voted to deny the petition for panel rehearing. Judges Tashima and Wardlaw vote to deny the petition for rehearing en banc and Judge Noonan so recommends. The full court has been advised of the petition for rehearing en banc, but no judge...

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