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McMILLAN v. GOMEZ

No. 93-15730.

19 F.3d 465 (1994)

Joe Henry McMILLAN, Petitioner-Appellant, v. Al GOMEZ, Warden of Deuel Vocational Institute, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 21, 1994.

Attorney(s) appearing for the Case

Robert Rainwater, Asst. Federal Defender, Fresno, CA, for petitioner-appellant.

Arnold Overoye, Sr. Asst. Atty. Gen., Sacramento, CA, for respondent-appellee.

Before: CHOY, SCHROEDER and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Joe Henry McMillan, a California state prisoner, brought a petition for habeas corpus in the federal district court, which denied it. He appeals. We affirm the denial of the writ.

FACTS AND PRIOR PROCEEDINGS

McMillan was convicted in 1981 of committing a murder in the course of an attempted robbery in violation of California Penal Code § 187 and was sentenced to 25 years to life. The evidence against him was as...

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