Sims

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MITCHELL CARLTON SIMS,  No. 03-99007 Petitioner-Appellant, D.C. No. v.  CV-95-05267-GHK JILL BROWN, Warden,* ORDER AND Respondent-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the Central District of California George H. King, District Judge, Presiding

Argued and Submitted June 9, 2005—Pasadena, California

Filed September 21, 2005 Amended December 8, 2005

Before: Betty B. Fletcher, Pamela Ann Rymer, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Rymer; Partial Concurrence and Partial Dissent by Judge B. Fletcher

*Jill Brown is substituted for her predecessor, Jeanne Woodford, pursu- ant to Fed. R. App. P. 43(c)(2).

15865 SIMS v. BROWN 15869

COUNSEL

Trevor W. Morrison and John H. Blume, Cornell Law School, Ithaca, New York, for the petitioner-appellant.

David F. Glassman, Deputy Attorney General, Los Angeles, California, for the respondent-appellee.

ORDER

The majority opinion filed September 21, 2005, is amended as follows: 15870 …