Bockting

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARVIN HOWARD BOCKTING,  No. 02-15866 Petitioner-Appellant, D.C. No. v.  CV-98-00764-ECR

ROBERT BAYER, ORDER AND

Respondent-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the District of Nevada Edward C. Reed, District Judge, Presiding

Argued and Submitted January 14, 2004—San Francisco, California

Filed February 22, 2005 Amended June 1, 2005

Before: J. Clifford Wallace, John T. Noonan, and M. Margaret McKeown, Circuit Judges.

Opinion by Judge McKeown; Concurrence by Judge Noonan; Partial Concurrence and Partial Dissent by Judge Wallace

5877 5880 BOCKTING v. BAYER

COUNSEL

Franny A. Forsman, Federal Public Defender, Las Vegas, Nevada, for the appellant.

Victor-Hugo Schulze II, Deputy Attorney General, Las Vegas, Nevada; Rene L. Hulse, Deputy Attorney General, Las Vegas, Nevada, for the appellee.

ORDER

The opinion filed February 22, 2005, slip op. 1991, and appearing at 399 F.3d 1010 (9th Cir. 2005), is amended as fol- lows:

At 399 F.3d 1022, slip op. 2012, strike the…