Brazzel

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERNEST LEE BRAZZEL,  No. 05-36145 Petitioner-Appellant, D.C. No. v. CV-04-05892-RBL

STATE OF WASHINGTON,

Respondent,  ORDER

AMENDING

v. OPINION AND

ALICE PAYNE, AMENDED

 Respondent-Appellee. OPINION

Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted December 6, 2006—Seattle, Washington

Filed April 12, 2007 Amended June 22, 2007

Before: Betty B. Fletcher and M. Margaret McKeown, Circuit Judges, and William W Schwarzer,* District Judge.

Opinion by Judge McKeown

*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

7511 7514 BRAZZEL v. STATE OF WASHINGTON

COUNSEL

Russell V. Leonard, Federal Public Defender, Tacoma, Wash- ington, for the appellant.

Gregory J. Rosen, Assistant Attorney General, Olympia, Washington, for the appellee.

ORDER

Judge McKeown…