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ALVAREZ v. LOPEZ

No. 12-15788.

835 F.3d 1024 (2016)

Fortino ALVAREZ, Petitioner-Appellant, v. Ron LOPEZ, Chief Administrator for the Gila River Indian Department of Rehabilitation and Supervision, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2016.

Attorney(s) appearing for the Case

Daniel L. Kaplan (argued) and Keith J. Hilzendeger , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellant.

Thomas L. Murphy (argued), Deputy General Counsel; Linus Everling , General Counsel; Gila River Indian Community Office of the General Counsel, Sacaton, Arizona; for Respondent-Appellee.

Barbara Creel , Professor of Law and Director of Southwest Indian Law Clinic, University of Mexico School of Law, Albuquerque, New Mexico; Tova Indritz , Co-Chair, Native American Justice Committee, National Association of Criminal Defense Lawyers, Albuquerque, New Mexico; for Amicus Curiae National Association of Criminal Defense Lawyers and Barbara Creel.

Partial Concurrence and Partial Dissent by Judge O'Scannlain

ORDER

The petition for panel rehearing is GRANTED. The opinion and dissent filed on December 8, 2014 and published at 773 F.3d 1011 are withdrawn. They are replaced by the new opinion and dissent filed concurrently with this order. The pending petition for rehearing en banc is DENIED as moot. The parties may file new petitions for panel rehearing or rehearing en banc within 14 days.

OPINION

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