Benitez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CRISTOBAL RODRIGUEZ BENITEZ,  No. 04-56231 Petitioner-Appellant, D.C. No. v. CV-02-00489-DMS SYLVIA GARCIA, Warden,  ORDER Respondent-Appellee. AMENDING

OPINION AND

AMENDED

 OPINION

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Argued and Submitted July 13, 2005—Pasadena, California

Filed January 22, 2007 Amended February 8, 2007

Before: Jerome Farris, Dorothy W. Nelson, and Richard C. Tallman, Circuit Judges.

Per Curiam Opinion COUNSEL

Barbara Strickland, San Diego, California, for the appellant.

Matthew Mulford, Deputy Attorney General, San Diego, Cali- fornia, for the appellee. 1564 BENITEZ v. GARCIA

ORDER

The opinion filed January 22, 2007, is amended as follows:

Slip opinion, page 880, last sentence of the second paragraph is deleted and replaced with:

We therefore reverse the district court’s denial of Benitez’s habeas petition.

Slip opinion, page 887, section IV, paragraph [10] is…