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VISCIOTTI v. BROWN

Nos. 99-99031, 99-99032.

406 F.3d 1131 (2005)

John Louis VISCIOTTI, Petitioner-Appellee-Cross-Appellant, v. Jill BROWN, Warden, of California State Prison at San Quentin, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

May 9, 2005.

Attorney(s) appearing for the Case

Maria E. Stratton, Esq., William Forman, Statia Peakheart, Esq., Federal Public Defender's Office, Los Angeles, CA, for Petitioner-Appellee-Cross-Appellant.

Meagan J. Beale, Esq., John T. Swan, DAG, Office of the California Attorney General, San Diego, CA, for Respondent-Appellant-Cross-Appellee.

Before: PREGERSON, TASHIMA, and BERZON, Circuit Judges.

ORDER

Given the facts, the circumstances, and the record in this case, we deny Petitioner's Motion for Oral Argument on Post Remand Briefing and remand this case to the district court for further proceedings consistent with the decision of the United States Supreme Court in Woodford v. Visciotti, 537 U.S. 19, 123 S.Ct. 357, 154 L.Ed.2d 279 (2002). We express no opinion on any of the arguments offered by the parties in their...

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