Court of Appeals for the Ninth Circuit September 10, 2007, 05-35062 (Sarausad v. Porter)

CALLAHAN, Circuit Judge,

with whom O’SCANNLAIN, GOULD, BYBEE, and BEA, Circuit Judges, join,

dissenting from the denial of rehearing en banc:

I respectfully dissent from the denial of rehearing en banc because the panel majority fails to give the proper deference to the Washington Supreme Court’s interpretation of Washington’s accomplice liability statute.