Pizzuto

FILED

FOR PUBLICATION JUL 15 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD ROSS PIZZUTO, Jr., No. 12-99002

Petitioner - Appellant, D.C. No. 1:05-cv-00516-BLW District of Idaho, Boise v.

RANDY BLADES, Warden, Idaho ORDER Maximum Security Institution,

Respondent - Appellee.

Before: FISHER, GOULD, and RAWLINSON, Circuit Judges.

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729 F.3d 1211 (9th Cir. 2013), is WITHDRAWN.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.

COUNSEL

Heather Williams, Federal Defender; Joseph Schlesinger, Assistant Federal Defender; Joan M.…