LANDRIGAN V SCHRIRO

Filing 920070904

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JEFFREY TIMOTHY LANDRIGAN, a.k.a. Billy Patrick Wayne Hill, Petitioner-Appellant, v. DORA B. SCHRIRO, Director, Arizona Department of Corrections, Respondent-Appellee.

No. 00-99011 D.C. No. CV-96-02367-PHXROS ORDER

On Remand from the United States Supreme Court Filed September 4, 2007 Before: Mary M. Schroeder, Chief Judge, Harry Pregerson, Stephen Reinhardt, Alex Kozinski, Michael Daly Hawkins, Kim McLane Wardlaw, William A. Fletcher, Marsha S. Berzon, Richard R. Clifton, Consuelo M. Callahan and Carlos T. Bea, Circuit Judges.

ORDER The mandate, issued on May 8, 2006, is recalled. In light of the Supreme Court's mandate, issued on July 30, 2007, in Schriro v. Landrigan, 127 S. Ct. 1933 (2007), we vacate our en banc decision, Landrigan v. Schriro, 441 F.3d 638 (9th Cir. 2006), and affirm the district court's denial of an evidentiary hearing on Landrigan's claim of ineffective assistance of counsel. We again adopt the three-judge panel's holdings with respect to the additional sentencing issues raised on appeal, Landrigan v. Stewart, 272 F.3d 1221, 1229-31 (9th Cir.
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LANDRIGAN v. SCHRIRO

2001). Therefore, the district court's denial of Landrigan's petition for writ of habeas corpus is AFFIRMED.

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