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ANDERSON v. NEVEN

No. 18-16502.

974 F.3d 1119 (2020)

Joseph D. ANDERSON, Petitioner-Appellee, v. Dwight NEVEN, Warden; Attorney General for the State of Nevada, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2020.

Attorney(s) appearing for the Case

Charles L. Finlayson (argued), Deputy Attorney General; Heather D. Procter , Chief Deputy Attorney General; Aaron D. Ford , Attorney General; Office of the Attorney General, Carson City, Nevada; for Respondents-Appellants.

C.B. Kirschner (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Petitioner-Appellee.

Dissent by Judge VanDyke.

ORDER

The panel has voted to deny Respondents-Appellants' petition for panel rehearing. Chief Judge Thomas and Judge Wardlaw have voted to deny the petition for rehearing en banc, and Judge Tashima has so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc...

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