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BOYDE v. BROWN

No. 02-99008.

421 F.3d 1154 (2005)

Richard BOYDE, Petitioner-Appellant, v. Jill BROWN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2005.

Attorney(s) appearing for the Case

Robert E. Darby, Fulbright & Jaworski, LLP, Los Angeles, CA, for Petitioner-Appellant.

Frederick R. Millar, Jr., William M. Wood, AGCA—Office of the California Attorney General, San Diego, CA, for Respondent-Appellee.

Before FARRIS, KOZINSKI and SILVERMAN, Circuit Judges.

ORDER

1. We grant the petition for rehearing and amend the opinion filed April 21, 2005, as provided herein.

2. On May 24, 2005, we received a letter from the district judge who presided over Boyde's federal habeas proceeding "bring[ing] to the Court's attention a `mistake in [the] disposition.'" Letter from the district judge to the clerk of the court of appeals (May 24, 2005) ...

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