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BRANCH v. CUPP

No. 83-3710.

736 F.2d 533 (1984)

Roy BRANCH, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1984.

Attorney(s) appearing for the Case

Stephen R. Sady, Dept. Federal Defender, Portland, Or., for petitioner-appellant.

Robert E. Barton, Scott McAlister, Asst. Atty. Gen., Salem, Or., for respondent-appellee.

Before WALLACE and CANBY, Circuit Judges, and CRAIG, District Judge.

CANBY, Circuit Judge:

Branch petitioned the district court pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus. He alleged that his state convictions for rape and sodomy were unconstitutional because: (1) the trial court failed to state its reasons on the record for imposing consecutive sentences, as Oregon state law requires it to do, (2) the trial court failed to instruct the jury on the intent element of the rape charge, (3) the prosecutor made improper...

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