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The Memorandum Disposition filed on January 18, 2011, is hereby withdrawn and vacated.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.