Boyde

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD BOYDE,  No. 02-99008 Petitioner-Appellant, v.  D.C. No.

CV-91-02522-WDK

JILL BROWN, Warden,

ORDER

Respondent-Appellee.  Filed September 7, 2005

Before: Jerome Farris, Alex Kozinski and Barry G. Silverman, Circuit Judges.

ORDER

1. We grant the petition for rehearing and amend the opin- ion filed April 21, 2005, as provided herein.

2. On May 24, 2005, we received a letter from the district judge who presided over Boyde’s federal habeas proceeding “bring[ing] to the Court’s attention a ‘mistake in [the] disposi- tion.’ ” Letter from the district judge to the clerk of the court of appeals (May 24, 2005) (quoting Ninth Circuit General Order No. 12.10) (second alteration in original). In his letter, the district judge informed us that we had erred in not remanding this case to the district court for an evidentiary hearing to determine whether Boyde had been prejudiced by his attorney’s failure to introduce evidence that Boyde suf- fered physical abuse as a child and was aware that his sisters had been sexually abused. On May 25, the day after…