United States v. 2005-05-09 | 99-99031 | VISCOTTI VWOODFORD | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 JOHN LOUIS VISCIOTTI, Nos. 99-99031
Petitioner-Appellee- 99-99032
Cross-Appellant, D.C. No.
v. CV-97-04591-R
 Central DistrictJILL BROWN, Warden, of California of California,State Prison at San Quentin,* Los AngelesRespondent-Appellant-
Cross-Appellee. ORDER

ON REMAND FROM THE
UNITED STATES SUPREME COURT
Filed May 9, 2005
Before: Harry Pregerson, A. Wallace Tashima, and
Marsha S. Berzon, Circuit Judges.
ORDER
Given the facts, the circumstances, and the record in this
case, we deny Petitioner’s Motion for Oral Argument on Post
Remand Briefing and remand this case to the district court for
further proceedings consistent with the decision of the United
States Supreme Court in Woodford v. Visciotti, 537 U.S. 19
(2002). We express no opinion on any of the arguments
offered by the parties in their post-remand briefing, as the
*Jill Brown is substituted for Jeanne Woodford, her predecessor as
Warden of San Quentin State Prison. See Fed. R. App. P. 43(c)(2).
5003

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proper course would be for the district court to review and
rule on the arguments in the first instance.
IT IS SO ORDERED.
5004 VISCIOTTI v. BROWN

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The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2005 Thomson/West.

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