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ANDREWS v. DAVIS

No. 09-99012, No. 09-99013.

866 F.3d 994 (2017)

Jesse James ANDREWS, Petitioner-Appellant, v. Ron DAVIS, Warden, Respondent-Appellee. Jesse James Andrews, Petitioner-Appellee, v. Ron Davis, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2017.

Attorney(s) appearing for the Case

Michael Burt (argued), Law Office of Michael Burt, San Francisco, California, for Petitioner-Appellant/Cross-Appellee.

Xiomara Costello (argued), Sarah J. Farhat , Shira Seigle Markovich , and A. Scott Hayward , Deputy Attorneys General; Lance E. Winters , Senior Assistant Attorney General; Keith H. Borjon , Supervising Deputy Attorney General; Dane R. Gillette and Gerald A. Engler , Chief Assistant Attorneys General; Edward C. DuMont , Solicitor General; Michael J. Mongan , Deputy Solicitor General; James William Bilderback II , Supervising Deputy Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee/Cross-Appellant.

Dissent by Judge Murguia

ORDER

The opinion filed August 5, 2015, and reported at 798 F.3d 759, is withdrawn. Because the court's opinion is withdrawn, appellant/cross appellee's petition for rehearing and petition for rehearing en banc is moot. A superseding opinion will be filed concurrently with this order. Further petitions for rehearing and petitions for rehearing en banc may be filed.

OPINION

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