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Hayes is a federal judge on the United States District Court for the Southern District of California. Hayes was nominated by President George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758. He was confirmed by the United States Senate on October 2, 2003, and received his commission on October 6, 2003. He presided over the Bosley Medical Institute v. Kremer appeal case in 2005.

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