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IBARRA v. STEPHENS

No. 11-70031.

723 F.3d 599 (2013)

Ramiro Rubi IBARRA, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 2013.

Attorney(s) appearing for the Case

Russell David Hunt, Jr. , Georgetown, TX, Naomi E. Terr , Texas Defender Service, Houston, TX, for Petitioner-Appellant.

Stephen M. Hoffman , Assistant Attorney General, Andrew S. Oldham , Deputy Solicitor General, Austin, TX, for Respondent-Appellee.

Before JONES, HAYNES, and GRAVES, Circuit Judges.

ORDER

Treating the Appellant's motion for en banc rehearing as a motion for panel rehearing, and given the Supreme Court's recent decision in Trevino v. Thaler, ___ U.S. ___, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), the court GRANTS the motion for rehearing in part.1 We hereby VACATE our prior panel decision only to the extent inconsistent with Trevino and grant a COA only to that...

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