General Order No. 370-A filed on April 18, 2005, is vacated and replaced by this order.

Effective for work performed on or after January 1, 2006, the maximum rate of compensation for counsel for a defendant in a federal capital prosecution or for a petitioner in a federal death penalty habeas corpus case shall be as follows:

For federal capital prosecutions a maximum rate allowed as set by the Annual Fiscal Year Defendant Services Appropriation.

For federal death penalty habeas corpus cases - maximum as have been authorized and approved by the Judicial Counsel for the Ninth Circuit. Such rates appear in the Capital Case Budget and Management Policy for the Judicial Council of the Ninth Circuit at paragraph 3.

DATED: 1/31/06

FILED: January 31, 2006