Byrd v. Lewis

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

TIMOTHY LEE BYRD,  No. 06-15977 Petitioner-Appellant, D.C. No. v. CV-02-02013-MCE GAIL LEWIS; ATTORNEY  Eastern District GENERAL FOR THE STATE OF of California, CALIFORNIA, Sacramento Respondents-Appellees.  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Submission of this case is WITHDRAWN and DEFERRED pending the Supreme Court’s decision in Pulido v. Chrones, 487 F.3d 669 (9th Cir. 2007 (per curiam), cert.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The opinion filed on December 11, 2007, published at 510 F.3d 1045, is WITHDRAWN.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 prece- dent by or to this court or any district court of the Ninth Cir- cuit until further order of the Court.

*The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.

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The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.