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LEAVITT v. VASQUEZ

No. 88-2648.

875 F.2d 260 (1989)

Andrew LEAVITT, Plaintiff-Appellant, v. Daniel B. VASQUEZ, Warden, California State Prison at San Quentin, Tamal, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1989.

As Amended August 9, 1989.

Attorney(s) appearing for the Case

Carlo Andreani, San Francisco, Cal., for plaintiff-appellant.

Gerald A. Engler, Deputy Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before CHAMBERS, SNEED and NOONAN, Circuit Judges.

SNEED, Circuit Judge:

Andrew Leavitt, a state prisoner, appeals from the dismissal of his petition for a writ of habeas corpus. Leavitt claims that an erroneous jury instruction on the requirements of aiding and abetting deprived him of due process of law. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

On December 1, 1980, Andrew Leavitt and his brother, David Leavitt, and two others drove to an apartment occupied by Jean Anderson and her daughter...

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