Sarausad
Sarausad v. Porter
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR SARAUSAD, No. 05-35062 Petitioner-Appellee, D.C. No. v. CV-02-02547-JCC CAROL PORTER, Western District of Respondent-Appellant. Washington, Seattle
ORDER
Filed September 10, 2007
Before: Stephen Reinhardt, William A. Fletcher, and Jay S. Bybee, Circuit Judges.
Order; Dissent by Judge Callahan
ORDER
Judge Reinhardt and Judge W. Fletcher voted to deny the petition for rehearing en banc. Judge Bybee voted to grant the petition for rehearing en banc.
A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the non-recused active judges of the court failed to vote for en banc rehearing. Fed. R. App. P. 35(f).
The petition for rehearing en banc, filed March 19, 2007, is DENIED.
The initial order concerning Petitioner Sarausad’s custody is VACATED, and the district court is instructed on remand
12065 12066 SARAUSAD v. PORTER to decide whether Sarausad should remain in custody pending the state’s decision to retry…