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ROBERTS v. ARAVE

Nos. 85-3665, 86-3984.

847 F.2d 528 (1988)

Charles ROBERTS, Petitioner-Appellant, v. Arvon J. ARAVE, Jim T. Jones, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 23, 1988.

Attorney(s) appearing for the Case

Thomas H. Borresen, Boise, Idaho, for petitioner-appellant.

Lynn E. Thomas, Sol. General, Robert R. Gates, Office of the Atty. Gen., Boise, Idaho, for respondents-appellees.

Before TANG and CANBY, Circuit Judges, and REED, District Judge.

CANBY, Circuit Judge:

Charles Harmon Roberts, an Idaho prisoner,1 appeals the district court's denial of his petition for a writ of habeas corpus. Roberts claims that (1) his failure to petition the Idaho Supreme Court for discretionary review of the denial of state post-conviction relief did not constitute a failure to exhaust state remedies; (2) there was sufficient cause to overcome any state procedural default; (3) his sentence under...

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