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McKENZIE v. RISLEY

No. 85-4156.

842 F.2d 1525 (1988)

Duncan Peder McKENZIE, Jr., Petitioner-Appellant, v. Henry RISLEY, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1988.

Attorney(s) appearing for the Case

Timothy K. Ford, Seattle, Wash., for petitioner-appellant.

Chris D. Tweeten, Asst. Atty. Gen., Helena, Mont., for respondents-appellees.

Before WALLACE, FLETCHER, FARRIS, PREGERSON, ALARCON, CANBY, NORRIS, WIGGINS, BRUNETTI, KOZINSKI and O'SCANNLAIN, Circuit Judges.

Argued En Banc and Submitted August 12, 1987.

OPINION

KOZINSKI, Circuit Judge:

Appellant Duncan Peder McKenzie, Jr., convicted of murder and sentenced to death by the State of Montana, appeals from the district court's dismissal of his petition for writ of habeas corpus. A panel of this court affirmed the dismissal in McKenzie v. Risley, 801 F.2d 1519 (9th Cir.1986), but McKenzie's suggestion for rehearing...

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