Seth Muth v. Dwight Fondren

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SETH MUTH,  No. 10-35223 Petitioner-Appellant, D.C. No. v. DWIGHT L. FONDREN, Warden,  1:09-cv-00118-JDS

ORDER AND

Sandstone F.C.I., AMENDED Respondent-Appellee.  ORDER

Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, Senior District Judge, Presiding

Argued and Submitted January 10, 2012—Seattle, Washington

Filed April 3, 2012 Amended May 31, 2012

Before: Susan P. Graber, Raymond C. Fisher, and Johnnie B. Rawlinson, Circuit Judges.

COUNSEL

David F. Ness, Assistant Federal Defender, Federal Defenders of Montana, Great Falls, Montana, for the petitioner- appellant.

J. Bishop Grewell, Assistant United States Attorney, Helena, Montana, for the respondent-appellee.

6015 6016 MUTH v. FONDREN

ORDER

Appellant’s motion to amend the published order filed on April 3, 2012, is GRANTED.

On slip opinion page 3601, line 18, delete “under oath”.

On slip opinion page 3604, line 2, delete “under oath”; on line 9, delete “sworn”; on line 28, change “sworn” to “in- court”.

On…