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IRONS v. CAREY

No. 05-15275.

505 F.3d 846 (2007)

Carl Merton IRONS, II, Petitioner-Appellee, U.S. Attorney General, Intervenor, v. Tom L. CAREY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed March 6, 2007.

Amended July 13, 2007.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Stephen P. Acquisto, Supervising Deputy Attorney General, & Pamela B. Hooley, Deputy Attorney General, for the respondent-appellant.

Quin Denvir, Federal Defender, & Ann C. McClintock, Assistant Federal Defender, for the petitioner-appellee.

Before: STEPHEN REINHARDT, JOHN T. NOONAN, and FERDINAND F. FERNANDEZ, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge NOONAN; Concurrence by Judge REINHARDT; Concurrence By Judge FERNANDEZ.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The panel opinion, filed March 6, 2007, is hereby amended as follows:

1. At page 2476 of the slip opinion, line 28, 479 F.3d at 662, insert "At the time that Irons's state habeas petition was before the state courts," before "The Supreme Court."

2. At page 2476...

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