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BABBITT v. CALDERON

No. 97-99011.

151 F.3d 1170 (1998)

Manuel Pina BABBITT, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1998.

Amended August 27, 1998.

Attorney(s) appearing for the Case

Jessica K. McGuire, Deputy State Public Defender, Sacramento, California, and David S. Winton, Pillsbury Madison & Sutro, Los Angeles, California, for Petitioner-Appellant.

Mathew Chan and Raymond L. Brosterhous II, Deputy Attorneys General, Sacramento, California, for Respondent-Appellee.

Before: HALL, BRUNETTI and THOMPSON, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Appellant Manuel Pina Babbitt appeals the district court's order granting the state's motion for summary dismissal of Babbitt's petition for writ of habeas corpus. The district court had jurisdiction under 28 U.S.C. § 2254. This court has jurisdiction under 28 U.S.C. §§ 2253 and 2254, and we affirm.

I

Appellant Manuel Pina Babbitt was found guilty of the...

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