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LAMBRIGHT v. SCHRIRO

No. 04-99010.

490 F.3d 1103 (2007)

Joe Leonard LAMBRIGHT, Petitioner-Appellant, v. Dora B. SCHRIRO, Director of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2007.

Amended July 2, 2007.

Attorney(s) appearing for the Case

Jon M. Sands, Federal Public Defender, Dale A. Baich and Jennifer Y. Garcia, Assistant Federal Public Defenders, Phoenix, AZ, for the petitioner-appellant.

Terry Goddard, Attorney General of the State of Arizona, Kent E. Cattani, Chief Counsel, Capital Litigation Section, and Patricia A. Nigro, Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for the respondant-appellee.

Before: WARREN J. FERGUSON, STEPHEN REINHARDT, and DAVID R. THOMPSON, Circuit Judges.

PER CURIAM Opinion; Concurrence by Judge FERGUSON.

ORDER

The per curiam opinion filed May 11, 2007 is hereby amended as follows:

1. At 485 F.3d at 516, line 15 of the slip opinion, the word "few" is changed to "number of." 2. At 485 F.3d at 527, line 34 of the slip opinion, the word "few" is changed to "number of."

With these amendments, Judges Ferguson, Reinhardt, and Thompson vote to deny the petition for rehearing.

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