BENITEZ v. GARCIA

No. 04-56231.

476 F.3d 676 (2007)

Cristobal Rodriguez BENITEZ, Petitioner-Appellant, v. Sylvia GARCIA, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2007.

Amended February 8, 2007.


Attorney(s) appearing for the Case

Barbara Strickland, San Diego, CA, for the appellant.

Matthew Mulford, Deputy Attorney General, San Diego, CA, for the appellee.

Before JEROME FARRIS, DOROTHY W. NELSON, and RICHARD C. TALLMAN, Circuit Judges.


OPINION AMENDING OPINION AND AMENDED OPINION

PER CURIAM.

ORDER

The opinion filed January 22, 2007, is amended as follows:

Slip opinion, page 880, last sentence of the second paragraph is deleted and replaced with:

We therefore reverse the district court's denial of Benitez's habeas petition.

Slip opinion, page 887, section IV, paragraph [10] is deleted and replaced with:

Benitez's indeterminate life sentence was...

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