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GENTRY v. ROE

No. 00-55691.

320 F.3d 891 (2003)

Lionel E. GENTRY, Petitioner-Appellant, v. Ernie ROE, Warden; Attorney General of the State Of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2002.

Amended August 30, 2002.

Further Amended January 28, 2003.

Attorney(s) appearing for the Case

James H. Locklin, Deputy Federal Public Defender (argued), Los Angeles, CA, for the petitioner-appellant.

Shawn McGahey Webb (argued), Deputy Attorney General of the State of California, for the respondents-appellees.

Before: HUG, JR., FARRIS and SILVERMAN, Circuit Judges.

Opinion by Judge FARRIS; Dissent by Judge SILVERMAN

ORDER

The opinion filed August 8, 2002, and amended August 30, 2002, is further amended as reflected in the attached revised opinion. The dissent filed August 8, 2002, is also amended as reflected in the attached revised dissent.

With these amendments, Judges Hug and Farris voted to deny the petition for panel rehearing; Judge Silverman voted to grant the petition. Judge Silverman voted to deny...

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