Farmer

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GEORGE EDWARD FARMER,  No. 06-35635 Petitioner-Appellant, v.  D.C. No.

CV-02-01565-ALA

GEORGE H. BALDWIN,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted July 1, 2007 Submission withdrawn August 15, 2007 Resubmitted March 30, 2009 Portland, Oregon

Filed April 29, 2009

Before: Alfred T. Goodwin, Stephen Reinhardt and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Goodwin COUNSEL

Lisa Hay, Assistant Federal Public Defender, Portland, Ore- gon, for the petitioner-appellant.

Erin C. Lagesen, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

OPINION

GOODWIN, Circuit Judge:

After hearing oral argument in this case, we submitted a certified question to the Oregon Supreme Court. See Farmer v. Baldwin, 497 F.3d 1050 (9th Cir. 2007) (order). On March 26, 2009, the Oregon Supreme Court answered the certified question. Farmer v. Baldwin, __ Ore. __, 2009 Ore. LEXIS 13 (Or. 2009). In light of the…