Kimbrough

ORDER

The memorandum disposition filed September 22, 2000 in this matter is hereby withdrawn, and a revised memorandum is filed in its place. Appellant’s petition for rehearing is DENIED.

Appellant’s motion for oral argument on rehearing and appointment of temporary counsel for oral argument, and his motion to strike appellees’ answer to the petition for rehearing are DENIED as moot.

The requests for publication of the memorandum disposition and for “publication of rehearing opinion” are DENIED.

Appellant’s motion to “Re-Affirm and Extend Injunctive Order” is GRANTED. On July 5, 2000, this court enjoined enforcement against appellant of specified grooming standards concerning hair length “during the pendency of appeal” and ordered repeal of penalties applied to appellant for failure to meet the grooming standards concerning hair length during the pendency of the appeal.

An appeal remains pending until the mandate issues. See United States v. Ross, 654 F.2d 612, 616 (9th Cir.1981) (“Until the mandate is issued, a case is not closed.”); Sethy v. Alameda County Water Dist., 602 F.2d 894, 897 (9th Cir.1979) (an appeal is still “pending” after the opinion is filed and is not final…