The opinion
ORDER
The Memorandum Disposition filed on January 18, 2011, is hereby withdrawn and vacated.
Within 14 days of the filing of this Order, each party shall submit a letter-brief addressing what effect, if any, the United States Supreme Court decision in
Swarthout v. Cooke,
562 U.S. —, 131 S.Ct. 859 , 178 L.Ed.2d 732 (2011) has on this matter. The letter-briefs shall not exceed five pages.
The court will file a new disposition in due course.