Andreas Kelly v. Larry Small, Warden

ORDER

The opinion filed August 27, 2002, and appearing at 300 F.3d 1159 (9th Cir.2002) is amended. The amended opinion is filed herewith.

Petitioner’s motion to withdraw his motion to file a pro se petition for panel and en banc rehearing is granted.

The panel has voted unanimously to deny the respondent’s petition for panel rehearing. Judge Paez has voted to deny respondent’s petition for en banc rehearing, and Judges Lay and Canby so recommend. The full court has been advised of respondent’s petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter ■ en banc. Fed. RApp. P. 35.

Respondent’s petition for panel rehearing and for rehearing en banc are denied. No further petitions for rehearing or rehearing en banc will be entertained.

OPINION

Andreas J. Kelly was convicted in California state court of eight counts of first-degree residential robbery, one count of second-degree robbery, and two counts of kidnapping for robbery with enhancement for the use of a firearm and a knife. He was sentenced to state prison for two consecutive life terms plus an additional twelve years and four months. Petitioner appealed his conviction to the…