United States v. 2008-10-09 | 05-55665 | CHARLES FRANKLIN MURDOCH | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 CHARLES FRANKLIN MURDOCH, Jr.,
Petitioner-Appellant, No. 05-55665
v. D.C. No.
ROY CASTRO, Warden; BILL CV-99-06900- 
LOCKYER, Attorney General, RSWL
Attorney General of the State of ORDER
California,
Respondents-Appellees. 
Filed October 9, 2008
ORDER
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it
is ordered that this case be reheard en banc pursuant to Circuit
Rule 35-3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
14565

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