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CASTILLO v. McFADDEN

No. 03-15715.

399 F.3d 993 (2005)

Armando CASTILLO, Petitioner-Appellant, v. James McFADDEN; Arizona Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed June 1, 2004.

Amended February 24, 2005.

Attorney(s) appearing for the Case

Anders V. Rosenquist, Jr., and Florence M. Bruemmer, Rosenquist & Associates, Phoenix, AZ, for the petitioner-appellant.

John L. Saccoman, Assistant Attorney General, Phoenix, AZ, for the respondents-appellees.

Before: RYMER, HAWKINS, and BYBEE, Circuit Judges.

Opinion by Judge BYBEE; Dissent by Judge HAWKINS.

ORDER

The opinion and dissent filed on June 1, 2004 and published at 370 F.3d 882 (9th Cir.2004), are hereby amended. The amended opinion and amended dissent are filed concurrently herewith. The Opinion and Dissent are amended as follows:

1. At slip op. 6914, first full paragraph, line 11; 370 F.3d at 886, second full paragraph, line 17, delete "In short, the petitioner...

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