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ELLIS v. RAEMISCH

No. 15-1088.

872 F.3d 1064 (2017)

Mark Stephen ELLIS, Petitioner-Appellee, v. Rick RAEMISCH, Executive Director, Colorado Department of Corrections; Cynthia Coffman, Attorney General, State of Colorado, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

Filed July 7, 2017.

Attorney(s) appearing for the Case

Ryan A. Crane , Assistant Attorney General ( Cynthia H. Coffman , Attorney General, with him on the briefs), Office of the Attorney General, Criminal Appeals Section, Denver, Colorado, for Respondents-Appellants.

Gail K. Johnson , Johnson, Brennan & Klein, PLLC, Boulder, Colorado, for Petitioner-Appellee.

Before HOLMES, MATHESON, and MORITZ, Circuit Judges.

ORDER

This matter is before the court on the appellee's Petition for Panel Rehearing and/or Rehearing En Banc. We also have a response from the appellants. Upon consideration, the original panel grants panel rehearing in part and only to the extent of the changes made to page 1071-72 and footnote 2 of the attached revised opinion. The clerk is directed to file the revised decision nunc pro tunc to the original filing date of May 11, 2017.

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