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TAMAYO-REYES v. KEENEY

No. 90-35315.

926 F.2d 1492 (1991)

Jose TAMAYO-REYES, Petitioner-Appellant, v. J.C. KEENEY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1991.

Attorney(s) appearing for the Case

Steven Jacobson, Asst. Federal Public Defender, Portland, Ore., for petitioner-appellant.

Rives Kistler, Asst. Atty. General, Salem, Ore., for respondent-appellee.

Before BROWNING, CANBY, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Jose Tamayo-Reyes appeals the denial of his habeas corpus petition, claiming the district court erred in refusing to grant an evidentiary hearing on whether his nolo contendere plea to manslaughter was unconstitutional. We reverse in part and remand because the district court improperly deferred to certain state court factual findings based on 28 U.S.C. § 2254(d) (1988), instead of holding an evidentiary hearing on the merits of Reyes's...

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