David Edwin Mason, by and Through Charles C. Marson v. Daniel B. Vasquez, Warden of the California State Prison at San Quentin, David Edwin Mason, Randy Alana, Patrick Tafoya and Lee Terry Farmer, as Next Friends of David E. Mason, Applicants in Intervention-Appellants v. Daniel B. Vasquez, Warden of the California State Prison at San Quentin

5 F.3d 1226 David Edwin MASON, By and Through Charles C. MARSON, Petitioner-Appellant, v. Daniel B. VASQUEZ, Warden of the California State Prison at San Quentin, Respondent-Appellee. David Edwin MASON, Petitioner, Randy ALANA, Patrick Tafoya and Lee Terry Farmer, as next friends of David E. Mason, Applicants in intervention-Appellants, v. Daniel B. VASQUEZ, Warden of the California State Prison at San Quentin, Respondent-Appellee. Nos. 93-99008, 93-99009. United States Court of Appeals, Ninth Circuit. Oct. 6, 1993. Prior report: 1 F.3d 964 . Before: WALLACE, Chief Judge, TANG, SCHROEDER, PREGERSON, POOLE, BEEZER, KOZINSKI, NOONAN, THOMPSON, TROTT, and FERNANDEZ, Circuit Judges. ORDER 1 The mandate is recalled. The en banc court having completed its duty pursuant to Death Penalty Rule 22-4(e)(3), the en banc court remands this cause to the panel which had initial jurisdiction. PREGERSON, Circuit Judge, dissenting: 2 Because I do not believe that the en banc panel completed its duties under Ninth Circuit Rules 22-2(b)(4) and 22-4(e)(2), I respectfully dissent. I also concur in Judge Noonan's dissent. I. PROCEDURE 3 Rule 22-2(b)(4) states that, upon a call for en banc review under…