Jeffrey Biggs v. Secretary of California

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY J. BIGGS, No. 11-18021 Petitioner-Appellant, D.C. No. v. 2:07-cv-00470-WBS-CKD

SECRETARY OF THE

CALIFORNIA DEPARTMENT ORDER AMENDING

OF CORRECTIONS AND OPINION AND

REHABILITATION, DENYING PETITION

Respondent-Appellee. FOR PANEL

REHEARING AND

PETITION FOR

REHEARING EN BANC

Filed September 4, 2013

Before: J. Clifford Wallace, Jerome Farris, and Jay S. Bybee, Circuit Judges.

ORDER

The opinion, filed May 29, 2013, appearing at 717 F.3d 678 (9th Cir. 2013), is amended as follows:

1. At 717 F.3d at 689, lines 47–50, replace, “To the extent the Garner opinion includes language that can be interpreted as being relevant to the scope of applicability of 2 BIGGS V. SEC’Y OF CAL. DEP’T OF CORR. & REHAB.

the as-applied requirement, that language suggests a limited scope.” with, “Garner’s language regarding the as-applied requirement is limited in scope.”

2. At 717 F.3d at 691, lines 61–62, replace “we only considered that test facially.” with, “we did not have to reach the as-applied challenge because we…