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GUZMAN v. SECRETARY, DEPT. OF CORRECTIONS

No. 10-11442.

663 F.3d 1336 (2011)

James GUZMAN, Petitioner-Appellee, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Florida Attorney General, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 7, 2011.

Attorney(s) appearing for the Case

Marie-Louise Samuels Parmer (Court-Appointed), Capital Collateral Regional Counsel, Tampa, FL, Eric Pinkard (Court-Appointed), Anderson Pinkard, PA, Clearwater, FL, for Petitioner-Appellee.

Kenneth Sloan Nunnelley , Daytona Beach, FL, for Respondent-Appellant.

Before TJOFLAT, MARCUS and MARTIN, Circuit Judges.

MARTIN, Circuit Judge:

We previously issued an opinion in this case. Guzman v. Sec'y, Dep't of Corr., 661 F.3d 602 (11th Cir. 2011). The panel has decided to vacate that opinion and substitute this one. The new opinion deletes three paragraphs but otherwise remains identical to the first.

In this death penalty case, Respondents-Appellees appeal the District Court's Order granting Petitioner Guzman

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