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BRAZZEL v. WASHINGTON

No. 05-36145.

491 F.3d 976 (2007)

Ernest Lee BRAZZEL, Petitioner-Appellant, v. State of WASHINGTON, Respondent, v. Alice Payne, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2007.

Amended June 22, 2007.

Attorney(s) appearing for the Case

Russell V. Leonard, Federal Public Defender, Tacoma, WA, for the appellant.

Gregory J. Rosen, Assistant Attorney General, Olympia, WA, for the appellee.

Before: B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

ORDER

Judge McKeown votes to deny the petition for rehearing en banc and Judge B. Fletcher and Judge Schwarzer so recommend. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. The petition for rehearing en banc is denied.

The Opinion filed on April 12, 2007 is amended as follows:

On slip Opinion page 4235, line 15 [484 F.3d at 1097], insert...

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