Gerald Ross Pizzuto, Jr. v. RANDY BLADES, Warden, Idaho Maximum Security Institution

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERALD ROSS PIZZUTO, JR.,
Petitioner-Appellant,
v.
RANDY BLADES, Warden, Idaho
Maximum Security Institution,
Respondent-Appellee.
No. 12-99002
D.C. No.
1:05-cv-00516-
BLW
ORDER
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief District Judge, Presiding
Argued June 26, 2013
Submitted July 15, 2014
Seattle, Washington
Filed July 15, 2014
Before: Raymond C. Fisher, Ronald M. Gould,
and Johnnie B. Rawlinson, Circuit Judges.
Order

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PIZZUTO V. BLADES 2
COUNSEL
Heather Williams, Federal Defender; Joseph Schlesinger and
Joan M. Fisher (argued), Assistant Federal Defenders, Federal
Defender for the Eastern District of California, Sacramento,
California, for Petitioner-Appellant.
Lawrence G. Wasden, Attorney General of Idaho, Paul R.
Panther, Deputy Attorney General, and L. LaMont Anderson
(argued), Deputy Attorney General, Boise, Idaho, for
Respondent-Appellee.
ORDER
This case is RESUBMITTED as of the date of this order.
In light of the Supreme Court’s opinion in Hall v. Florida,
134 S. Ct. 1986 (2014), the opinion filed on September 9,
2013 and reported at Pizzuto v. Blades, 729 F.3d 1211 (9th
Cir. 2013), is WITHDRAWN.
The briefing schedule set in our orders of November 4,
2013 and June 10, 2014 is VACATED.
Petitioner-Appellant’s Petition for Rehearing and Petition
for Rehearing En Banc is DENIED as moot.
We VACATE the order of the district court and
REMAND the case to the district court for further
proceedings consistent with Hall.

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