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KESSEE v. MENDOZA-POWERS

No. 07-56153.

574 F.3d 675 (2009)

Harold KESSEE, Petitioner-Appellee, v. Kathy MENDOZA-POWERS, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2009.

Amended July 22, 2009.

Attorney(s) appearing for the Case

Rama R. Maline, Deputy Attorney General of the State of California, Los Angeles, CA, for the respondent-appellant.

Johanna S. Schiavoni, Latham & Watkins LLP, San Diego, CA, for the petitioner-appellee.

Before: JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The mandate issued July 15, 2009, is recalled.

The opinion filed on June 23, 2009, 569 F.3d 1000, is amended as follows:

On slip opinion page 7525, replace "A number of courts have disagreed with the interpretation that we gave in Butler concerning the probationary status issue." with "As we recognized in Butler, a...

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