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JOHNSON v. URIBE

No. 11-55187.

700 F.3d 413 (2012)

Kennard Gerald JOHNSON, Petitioner-Appellant, v. Domingo URIBE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2012.

Amended November 5, 2012.

Attorney(s) appearing for the Case

Michael J. Proctor , Michael V. Schafler (argued), Albert Giang , for petitioner-appellant Kennard Gerald Johnson.

Kamala D. Harris , Attorney General of California, Gary W. Schons , Senior Assistant Attorney General, Kevin R. Vienna , Supervising Deputy Attorney General, Ronald A. Jakob (argued), Deputy Attorney General (argued), for respondent-appellee Domingo Uribe.

Order; Dissent to Order by Chief Judge KOZINSKI; Dissent to Order by Judge BEA; Opinion by Judge MARBLEY.

ORDER

The opinion filed June 22, 2012, and published at 682 F.3d 1238, is amended as follows:

On page 1243, left column, line 14, add the following footnote after the citation to United States v. Ressam: <In United States v. Hinkson, 585 F.3d 1247 (9th Cir. 2009) (en banc), we adopted a two-part test to more precisely and objectively apply our review for abuse of discretion...

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