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CONE v. BELL

No. 99-5279.

505 F.3d 610 (2007)

Gary Bradford CONE, Petitioner-Appellant, v. Ricky BELL, Warden, Riverbend Maximum Security Institution, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

September 26, 2007.

Attorney(s) appearing for the Case

Robert L. Hutton, Glankler & Brown, Memphis, TN, Paul R. Bottei, Assistant Federal Public Defender, Federal Public Defender's Office, Nashville, TN, for Petitioner-Appellant.

Michael E. Moore, Solicitor General, Gordon W. Smith, Assistant Attorney General, Amy L. Tarkington, Assistant Attorney General, Jennifer L. Smith, Assistant Attorney General, Office of the Attorney General, Nashville, TN, for Respondent-Appellee.

Before: MERRITT, RYAN, and NORRIS, Circuit Judges.

Prior report: 492 F.3d 743.

ORDER

The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active* judges of this court, and less than a majority of the judges having favored the suggestion, the petition for rehearing has been referred to the original panel.

The panel has further reviewed...

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