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HENRY v. RYAN

No. 09-99007.

775 F.3d 1112 (2014)

Graham S. HENRY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

December 30, 2014.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, Robin C. Konrad (argued) and Amy E.B. Kapp , Assistant Federal Public Defenders, Phoenix, Arizona, for Petitioner-Appellant.

Thomas C. Horne , Attorney General, Kent Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, and Jonathan Bass (argued), Assistant Attorney General, Criminal Appeals/Capital Litigation Section, Tucson, Arizona, for Respondents-Appellees.

Before: SIDNEY R. THOMAS, Chief Judge, and ALEX KOZINSKI, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, RONALD M. GOULD, MARSHA S. BERZON, RICHARD C. TALLMAN, CONSUELO M. CALLAHAN, CARLOS T. BEA, MORGAN CHRISTEN, and JACQUELINE H. NGUYEN, Circuit Judges.

ORDER

On April 8, 2014, a three-judge panel of this Court, with one judge dissenting, filed an order denying Henry's motion for reconsideration of the panel's November 1, 2013 order denying his petition for panel rehearing and a stay of proceedings pending the issuance of a decision by the en banc panel in McKinney...

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