HUNTER v. AISPURO

No. 90-16398.

982 F.2d 344 (1992)

Joseph Scott HUNTER, a/k/a Raymond C. Dirker, Petitioner-Appellant, v. Bernie AISPURO, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed March 12, 1992.

Opinion Withdrawn October 29, 1992.

Decided December 31, 1992.


Attorney(s) appearing for the Case

Meredith J. Watts, San Francisco, CA, for petitioner-appellant.

Christopher J. Wei, Deputy Atty. Gen., San Francisco, CA, for respondent-appellee.

Before: CANBY and KOZINSKI, Circuit Judges, and NIELSEN, District Judge.


WM. FREMMING NIELSEN, District Judge:

In an order filed on October 29, 1992, we granted appellant's petition for rehearing and withdrew our prior opinion. We now file this substitute opinion.

Joseph Scott Hunter appeals the denial of his petition for a writ of habeas corpus. He contends that the district court erroneously relied on the harmless error doctrine when rejecting his due process challenge to the state-imposed sentence. We affirm.

I. BACKGROUND...

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