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MILES v. MARTEL

No. 10-15633.

704 F.3d 1010 (2012)

Tyrone W. MILES, Petitioner-Appellant, v. Michael MARTEL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated February 21, 2012.

Filed November 21, 2012.

Resubmitted September 28, 2012.

Attorney(s) appearing for the Case

Michael S. Romano (argued), Mills Legal Clinic, Stanford, CA, for petitioner-appellant.

David Eldridge (argued), Office of the California Attorney General, Sacramento, CA, for respondents-appellees.

Before: HUG, and PAEZ, Circuit Judges.

ORDER

Having considered the parties' stipulation and joint motion to vacate the court's opinion in this case, the court orders the following:

1. The opinion filed on September 28, 2012 and reported at 696 F.3d 889 is withdrawn. 2. This case is ordered remanded to the district court with directions to enter judgment granting a writ of habeas corpus directing that Petitioner Miles be released from custody as soon...

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