HERNANDEZ v. CHAPPELL

No. 11-99013.

913 F.3d 871 (2019)

Francis G. HERNANDEZ, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2019.


Attorney(s) appearing for the Case

Tracy Casadio (argued) and Margo A. Rocconi , Deputy Federal Public Defenders; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Gary A. Lieberman (argued) and Xiomara Costello , Deputy Attorneys General; Jason Tran , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Kent S. Scheidegger and Kymberlee C. Stapleton , Criminal Justice Legal Foundation, Sacramento, California, for Amicus Curiae Criminal Justice Legal Foundation.

Before: Kim McLane Wardlaw, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges.


ORDER

The prior opinion in this case, found at Hernandez v. Chappell, 878 F.3d 843 (9th Cir. 2017), is hereby withdrawn. A new opinion is being filed concurrently with this order. Further petitions for rehearing or rehearing en banc may be filed.

OPINION

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