Byrd v. Lewis, et al

Filing 920080609


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TIMOTHY LEE BYRD, Petitioner-Appellant, v. GAIL LEWIS; ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA, Respondents-Appellees. No. 06-15977 D.C. No. CV-02-02013-MCE Eastern District of California, Sacramento ORDER Filed June 10, 2008 Before: J. Clifford Wallace and Johnnie B. Rawlinson, Circuit Judges, and Jane A. Restani,* Judge. ORDER Submission of this case is WITHDRAWN and DEFERRED pending the Supreme Court's decision in Pulido v. Chrones, 487 F.3d 669 (9th Cir. 2007 (per curiam), cert. granted, 128 S. Ct. 1444 (2008). The Court's framing of the question presented in Pulido suggests that the opinion will clarify how Neder v. United States, 527 U.S. 1 (1999), applies to all defective jury instructions. The opinion filed on December 11, 2007, published at 510 F.3d 1045, is WITHDRAWN. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit until further order of the Court. *The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation. 6565 PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson Reuters/West.

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