¶1Before: BEEZER, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges.
¶2ORDER
¶3Upon consideration of the opinion of the Supreme Court we vacate our opinion in Ortega v. Roe, 160 F.3d 534 (9th Cir.1998). This case is remanded to the district court for proceedings consistent with the-opinion in Ernest C. Roe, Warden v. Lucio Flores-Ortega, — U.S.-, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000).
¶4The clerk is directed to issue the mandate forthwith.