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WILSON v. BELLEQUE

No. 07-35478.

554 F.3d 816 (2009)

Gregory Paul WILSON, Petitioner-Appellant, v. Brian BELLEQUE, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2009.

Attorney(s) appearing for the Case

Richard L. Wolf (argued), Portland, OR, C. Renee Manes, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Hardy Myers, Attorney General of the State of Oregon, Mary Williams, Solicitor General, Timothy A. Sylwester, Assistant Attorney General, David B. Thompson (argued), Salem, OR, for the respondent-appellee.

Before: T.G. NELSON, HAWKINS, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Gregory Paul Wilson appeals the district court's denial of his petition for a writ of habeas corpus to prevent the State of Oregon from retrying him on three charges of felony murder. We first address two jurisdictional issues: Whether Wilson is currently "in custody" within the meaning of 28 U.S.C. § 2241(c)(3), and whether we may consider his appeal when no certificate of appealability ("COA") has been issued. 28 U.S.C. § 2253(c)...

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