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PIZZUTO v. ARAVE

No. 97-99017.

385 F.3d 1247 (2004)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. A.J. ARAVE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2004.

Attorney(s) appearing for the Case

Joan M. Fisher, Bruce D. Livingston, Federal Public Defender, Moscow, ID, for Petitioner-Appellant.

Robert H. Gombiner, Federal Public Defender's Office Western District of Washington, Seattle, WA, Michael A. Henderson, Asst. Atty. Gen., Kenneth Robins, L. Lamont Anderson, Office of Attorney General, Boise, ID, for Respondent-Appellee.

Before B. FLETCHER, RYMER, and GOULD, Circuit Judges.

ORDER

The dissenting opinion of Judge B. Fletcher filed February 6, 2002, and cited at 280 F.3d 949, 977 (9th Cir.2002) (slip op. at 1866), is amended as follows:

(1) The first full paragraph at slip op. 1866 is deleted.

(2) The first sentence of the second paragraph at slip op. at 1866 is deleted.

(3) The phrase "With that caveat," in the second sentence of the second paragraph at slip op. 1866 is deleted...

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