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COLEMAN v. CALDERON

Nos. 97-99013, 97-99014.

150 F.3d 1105 (1998)

Russell COLEMAN, Petitioner-Appellant-Cross-Appellee, v. Arthur CALDERON, Warden, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1998.

Attorney(s) appearing for the Case

Cliff Gardner and Robert Derham, Gardner & Derham, San Francisco, California, for petitioner-appellant.

Morris Beatus, Deputy Attorney General, San Francisco, California, for respondent-appellee.

Before: SCHROEDER, BRUNETTI and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Russell Coleman is a California prisoner under sentence of death. He filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied relief from the conviction but granted relief from the sentence, because the state court jury instructions violated Hamilton v. Vasquez, 17 F.3d 1149 (9th Cir.1994). We have jurisdiction under 28 U.S.C. § 2253. We...

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