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MAYES v. PREMO

No. 12-35461.

766 F.3d 949 (2014)

Floyd M. MAYES, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Mill Creek Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2014.

Amended August 21, 2014.

Attorney(s) appearing for the Case

Nell Brown (argued), Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Oregon, Portland, OR, for Petitioner-Appellant.

Pamela J. Walsh (argued), Assistant Attorney General; Ellen F. Rosenblum , Attorney General; Anna M. Joyce , Solicitor General, Oregon Department of Justice, Salem, OR, for Respondent-Appellee.

Tarik s. Adlai , Law Offices of Tarik S. Adlai, Pasadena, California, for amici curiae National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and California Appellate Defense Counsel.

Before: HARRY PREGERSON, MARY H. MURGUIA, and MORGAN CHRISTEN, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The Opinion filed March 27, 2014, and appearing at 747 F.3d 686 (9th Cir.2014), is hereby amended. The amended opinion is filed concurrently with this Order.

With these amendments, Judges Murguia and Christen have voted to deny the petition for rehearing and rehearing en banc, and Judge Pregerson has voted to grant the petition for rehearing and rehearing en banc. The full court...

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