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MASONER v. THURMAN

No. 92-55116.

996 F.2d 1003 (1993)

James B. MASONER, Petitioner-Appellant, v. Otis THURMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1993.

Attorney(s) appearing for the Case

Philip A. Rafferty, Long Beach, CA, for petitioner-appellant.

Elaine F. Tumonis, Deputy Atty. Gen., Los Angeles, CA, for respondent-appellee.

Before: WALLACE, Chief Judge, and SNEED and HALL, Circuit Judges.

WALLACE, Chief Judge:

Masoner, a California state prisoner, appeals from the district court's order denying his petition for a writ of habeas corpus. The district court exercised jurisdiction pursuant to 28 U.S.C. § 2254. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253. We affirm.

I

On March 4, 1987, Masoner attended a cocktail party where he consumed alcoholic beverages. As he prepared to leave the party, Masoner...

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