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SMITH v. IDAHO

No. 02-36043.

392 F.3d 350 (2004)

Ramon L. SMITH, Petitioner-Appellant, v. State of IDAHO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2004.

Amended November 30, 2004.

Attorney(s) appearing for the Case

Phillip H. Gordon, Gordon Law Offices, Boise, ID, for the petitioner-appellant.

L. LaMont Anderson, Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before B. FLETCHER, HAMILTON, and BERZON, Circuit Judges.

ORDER AND AMENDED OPINION

BETTY B. FLETCHER, Circuit Judge.

ORDER

The Opinion filed September 7, 2004, at Slip Op. 12953 is amended as follows:

At page 12956, delete the sentence at line 8 of text that reads: We conclude that the district court lacked personal jurisdiction over the petition, but that the State of Idaho has waived any jurisdictional defects.

and insert in its stead:

We conclude that the district...

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