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PIZZUTO v. BLADES

No. 12-99002.

758 F.3d 1178 (2014)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. Randy BLADES, Warden, Idaho Maximum Security Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 15, 2014.

Attorney(s) appearing for the Case

Heather Williams , Federal Defender; Joseph Schlesinger , Assistant Federal Defender; Joan M. Fisher (argued), Assistant Federal Defender, Federal Defender for the Eastern District of California, Sacramento, CA, for Petitioner-Appellant.

Lawrence G. Wasden , Attorney General of Idaho, Paul R. Panther , Deputy Attorney General, and L. LaMont Anderson (argued), Deputy Attorney General, Boise, ID, for Respondent-Appellee.

Before: FISHER, GOULD, and RAWLINSON, Circuit Judges.

ORDER

This case is RESUBMITTED as of the date of this order.

In light of the Supreme Court's opinion in Hall v. Florida, ___ U.S. ___, 134 S.Ct. 1986, 188 L.Ed.2d 1007 (2014), the opinion filed on September 9, 2013 and reported at Pizzuto v. Blades, 729 F.3d 1211 (9th Cir. 2013), is WITHDRAWN.

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