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LAJOIE v. THOMPSON

No. 98-35919.

217 F.3d 663 (2000)

Clinton K. LaJOIE, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed January 31, 2000.

Opinion Withdrawn and Amended Opinion Filed June 23, 2000.

Attorney(s) appearing for the Case

Thomas J. Hester, Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant.

Jennifer S. Lloyd, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

Before: FLETCHER, FERGUSON, and TASHIMA, Circuit Judges.

Opinion by Judge TASHIMA; Dissent by Judge FERGUSON

ORDER

TASHIMA, Circuit Judge:

The opinion and dissenting opinion filed on January 31, 2000, and reported at 201 F.3d 1166, are withdrawn and the amended opinion and amended dissenting opinion attached to this order shall be filed in their place. With the filing of the amended opinions, Judges B. Fletcher and Tashima vote to deny the petition for panel rehearing...

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