ORDER
The Opinion filed on January 18, 2011, 2011 WL 135041, is hereby withdrawn and vacated.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.