BYRD v. LEWIS

No. 06-15977.

527 F.3d 1359 (2008)

Timothy Lee BYRD, Petitioner-Appellant, v. Gail LEWIS; Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

June 10, 2008.


Attorney(s) appearing for the Case

Timothy Lee Byrd, Coalinga, CA, pro se.

Krista Joy Hart, Sacramento, CA, for Petitioner-Appellant.

Wanda Hill Rouzan, Mary Jo Graves, Esq., AGCA-Office of the California Attorney General, Sacramento, CA, for Respondents-Appellees.

Before: J. CLIFFORD WALLACE and JOHNNIE B. RAWLINSON, Circuit Judges, and JANE A. RESTANI, Judge.


ORDER

Submission of this case is WITHDRAWN and DEFERRED pending the Supreme Court's decision in Pulido v. Chrones, 487 F.3d 669 (9th Cir.2007) (per curiam), cert. granted, ___ U.S. ___, 128 S.Ct. 1444, 170 L.Ed.2d 274 (2008). The Court's framing of the question presented in Pulido suggests that the opinion will clarify how Neder v. United States, 527 U.S. 1, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999), applies to all defective jury instructions.

The opinion filed on December 11, 2007, published at 510 F.3d 1045, is WITHDRAWN. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit until further order of the Court.

FootNotes


* The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.

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