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OXBORROW v. EIKENBERRY

C.A. Nos. 87-4440, 88-3522.

877 F.2d 1395 (1989)

Kenneth D. OXBORROW, Petitioner-Appellee/Cross-Appellant, v. Kenneth O. EIKENBERRY, Norman Carlson, Respondents-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1989.

Attorney(s) appearing for the Case

Stephen L. Farnell, Winston & Cashatt, Spokane, Wash., for petitioner-appellee/cross-appellant.

Theresa L. Fricke, Office of Atty. Gen., Olympia, Wash., for respondents-appellants/cross-appellees.

Before ALARCON and BEEZER, Circuit Judges, and AGUILAR, District Judge.

AGUILAR, District Judge:

I.

Appellant Oxborrow pled guilty to four state offenses stemming from his participation in a Ponzi pyramid investment scheme which defrauded approximately 900 to 1,200 investors. After unsuccessfully appealing his sentence to the Washington Supreme Court, Oxborrow filed a habeas corpus petition in the United States District Court for the Eastern District of Washington. The district court held that the admission of information at...

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