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MIRANDA v. ANCHONDO

Nos. 10-15167, 10-15308.

684 F.3d 844 (2011)

Beatrice MIRANDA, Petitioner-Appellee, v. Vincente ANCHONDO, Supervisory Correctional Specialist, Bureau of Indian Affairs, Office of Justice Services, Division of Corrections, District 3, Respondent-Appellant, and Kurt Braatz, Commander, Detention, Coconino County Detention Facility; Tracy Nielsen, Interim Chief, Pascua Yaqui Tribe Department of Public Safety; Chris Harney, Main Officer, Truxton Canon Correctional Facility, Respondents. Beatrice Miranda, Petitioner-Appellee, v. Tracy Nielsen, Interim Chief, Pascua Yaqui Tribe Department of Public Safety, Respondent-Appellant, and Kurt Braatz, Commander, Detention, Coconino County Detention Facility, Chris Harney, Main Officer, Truxton Canon Correctional Facility; Vincente Anchondo, Supervisory Correctional Specialist, Bureau of Indian Affairs, Office of Justice Services, Division of Corrections, District 3, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2011.

Amended February 6, 2012.

Attorney(s) appearing for the Case

John M. Sands , Federal Public Defender, and Daniel L. Kaplan (argued), Assistant Federal Public Defender, Phoenix, AZ, for the petitioner-appellee.

Dennis K. Burke , United States Attorney, Randall M. Howe , Deputy Appellate Chief, and Karla Hotis Delord , Assistant U.S. Attorney, Phoenix, AZ, for the respondent-appellant Vincente Anchondo.

Amanda Sampson Lomayesva (argued), and Kimberly Van Amburg , Assistant Attorneys General, Pascua Yaqui Tribe , Office of the Attorney General, Tucson, AZ, for respondent-appellant Tracy Nielsen.

Before: MARY M. SCHROEDER and CARLOS T. BEA, Circuit Judges, and JANIS L. SAMMARTINO, District Judge.

ORDER

The Opinion filed August 17, 2011, slip op. 10899, and appearing at 654 F.3d 911 (9th Cir.2011), is amended as follows:

At slip op. 10906, at the end of the final full paragraph; 654 F.3d at 915, end of second paragraph, add footnote"3 Our opinion in McCall v. Andrus, 628 F.2d 1185, 1187 (9th Cir.1980), could be read as holding that a failure to object...

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