Santiago

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EMILIANO SANTIAGO,  No. 05-35005 Petitioner-Appellant, D.C. No. v. CV-04-01747-OMP DONALD H. RUMSFELD, Secretary of ORDER Defense; LES BROWNLEE, Secretary AMENDING of the United States Department of OPINION AND the Army (Acting); RAYMOND  DENYING BYRNE, Acting Adjutant General of PETITION FOR the Oregon National Guard; DAVID REHEARING AND DORAN, Captain, Detachment One, PETITION FOR Company D, 113 Aviation Unit REHEARING EN Commander, BANC AND Respondents-Appellees. AMENDED  OPINION

Appeal from the United States District Court for the District of Oregon Owen M. Panner, Senior Judge, Presiding

Argued and Submitted April 6, 2005—Seattle, Washington

Filed May 13, 2005 Amended September 28, 2005

Before: William C. Canby, Jr., Richard C. Tallman, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Canby

13677 13680 SANTIAGO v. RUMSFELD

COUNSEL

Steven Goldberg, Goldberg, Mechanic,…