Irons

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARL MERTON IRONS, II,  No. 05-15275 Petitioner-Appellee, D.C. No.

U.S. ATTORNEY GENERAL, CV-04-00220-LKK

Intervenor,  ORDER v. AMENDING TOM L. CAREY, Warden, OPINION AND Respondent-Appellant. AMENDED  OPINION

Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior District Judge, Presiding

Argued May 11, 2005 Submitted March 6, 2007 San Francisco, California

Filed March 6, 2007 Amended July 13, 2007

Before: Stephen Reinhardt, John T. Noonan, and Ferdinand F. Fernandez, Circuit Judges.

Opinion by Judge Reinhardt; Concurrence by Judge Noonan; Concurrence by Judge Reinhardt; Concurrence by Judge Fernandez

8335 8338 IRONS v. CAREY

COUNSEL

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Ste- phen P. Acquisto, Supervising Deputy Attorney General, & Pamela B. Hooley, Deputy Attorney General, for the respondent-appellant. IRONS v. CAREY …