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Ryan v. Schad

Docket No.10-305
Op. Below9th Circuit

Judgment

Granted, vacated and remanded on Apr 18, 2011. for further consideration in light of Cullen v. Pinholster, 563 U.S. ___ (2011). .

Holding: After a defendant was denied certiorari review by the Supreme Court, the Ninth Circuit abused its discretion by sua sponte construing the defendant”s earlier motion to stay a mandate as a motion to reconsider, and when it withheld its mandate.

Judgment:”Reversed and remanded.“in a per curiam opinion on June 24, 2013.

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