Sarausad

Sarausad v. Porter

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 10, 200705-35062California7,905 words

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…

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