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PADILLA v. HANFT

No. 05-6396.

432 F.3d 582 (2005)

Jose PADILLA, Petitioner-Appellee, v. C.T. HANFT, U.S.N. Commander, Consolidated Naval Brig., Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

December 21, 2005.

Attorney(s) appearing for the Case

Jonathan Marc Freiman, Wiggin & Dana, New Haven, CT, Michael Patrick O'Connell, Stirling & O'Connell, PA, Charleston, SC, Andrew G. Patel, Donna Rita Newman, New York, NY, Jennifer Martinez, Stanford Law School, Stanford, CA, for Petitioner-Appellee.

Kevin Frank McDonald, Jonathan Scott Gasser, Acting U.S. Attorney, Office of the U.S. Attorney, Columbia, SC, Stephan Edward Oestreicher, Jr., Daryl Langdon Joseffer, Paul Clement, David B. Salmons, United States Department of Justice, Department of the Solicitor, Washington, DC, for Respondent-Appellant.

LUTTIG, Circuit Judge.

ORDER

The motion filed by the government for authorization to transfer petitioner from military custody in the state of South Carolina to civilian law enforcement custody in the state of Florida is denied. The suggestion that the court's opinion of September 9, 2005, be withdrawn is denied.

Judge Luttig wrote an opinion in which Judge Michael concurred. Judge Traxler wrote a separate opinion concurring in part.

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