Moses

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY DUANE MOSES,  No. 07-35468 Petitioner-Appellant, D.C. No. v.  CV-06-01105-MJP

ALICE PAYNE, ORDER AND

Respondent-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted February 4, 2008—Seattle, Washington

Filed September 15, 2008 Amended January 30, 2009

Before: Raymond C. Fisher, Ronald M. Gould, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta; Dissent by Judge Gould COUNSEL

John Henry Browne, Seattle, Washington, for the petitioner- appellant.

Alex A. Kostin, Assistant Attorney General, Olympia, Wash- ington, for the respondent-appellee.

ORDER

The opinion and dissent filed September 15, 2008 are hereby amended. A majority of the panel has voted to deny the petition for rehearing; Judge Gould votes to grant the peti- tion for rehearing. The petition for rehearing en banc is still pending, pursuant to General Order 5.4(b). The parties may file new petitions…