Tio Sessoms v. D Runnels

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TIO DINERO SESSOMS, No. 08-17790 Petitioner-Appellant, D.C. No. v. 2:05-cv-01221-JAM-GGH

RANDY GROUNDS, Warden, ORDER AND Respondent-Appellee. AMENDED OPINION

On Remand from the United States Supreme Court

Argued and Submitted En Banc March 18, 2014—San Francisco, California

Filed September 22, 2014 Amended January 23, 2015

Before: Alex Kozinski, Chief Judge, and Mary M. Schroeder, Barry G. Silverman, M. Margaret McKeown,* Kim McLane Wardlaw, Raymond C. Fisher, Richard A. Paez, Consuelo M. Callahan, Milan D. Smith, Jr., Sandra S. Ikuta and Mary H. Murguia, Circuit Judges.

Order; Opinion by Judge McKeown; Dissent by Chief Judge Kozinski;

* Judge McKeown was drawn to replace Judge B. Fletcher following her death shortly after the initial en banc decision. Dissent by Judge Callahan; Dissent by Judge Murguia

SUMMARY**

Habeas Corpus

The en banc court amended a September 22, 2014, opinion filed on remand from the United States Supreme Court, and denied a petition for rehearing, in a 28 U.S.C. § 2254 habeas corpus…