Kessee
Kessee v. Mendoza-Powers
Opinion
Opinion
GRABER, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HAROLD KESSEE, No. 07-56153 Petitioner-Appellee, D.C. No. v. CV-06-03740-PSG KATHY MENDOZA-POWERS, Warden, (MLG) Respondent-Appellant. ORDER AND
AMENDED
OPINION
Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, District Judge, Presiding
Argued and Submitted May 4, 2009—Pasadena, California
Filed June 23, 2009 Amended July 22, 2009
Before: John T. Noonan, Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges.
Opinion by Judge Graber Rama R. Maline, Deputy Attorney General of the State of California, Los Angeles, California, for the respondent- appellant.
Johanna S. Schiavoni, Latham & Watkins LLP, San Diego, California, for the petitioner-appellee.
ORDER
The mandate issued July 15, 2009, is recalled.
The opinion filed on June 23, 2009, is amended as follows:
On slip opinion page 7525, replace “A number of courts have disagreed with the interpretation that we gave in Butler concerning the probationary status issue.” with “As we recog- nized in Butler,…