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McGUIRE v. ESTELLE

No. 87-2522.

902 F.2d 749 (1990)

Mark Owen McGUIRE, Plaintiff-Appellant, v. Wayne ESTELLE, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion May 8, 1989.

Withdrawn April 23, 1990.

Decided May 4, 1990.

Attorney(s) appearing for the Case

Ann Hardgrove Vorhis, San Francisco, Cal., for plaintiff-appellant.

Herbert F. Wilkinson, Supervising Deputy Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before SCHROEDER and WIGGINS, Circuit Judges, and STEPHENS, District Judge.

ORDER

The opinion filed May 8, 1989, 873 F.2d 1323, is withdrawn and is vacated.

SO ORDERED.

WIGGINS, Circuit Judge:

Mark McGuire ("McGuire") appeals from the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254(a). McGuire was convicted of second degree murder and is now serving a fifteen year to life sentence in a California...

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