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MILES v. STAINER

No. 97-16743.

141 F.3d 1351 (1998)

Jimmy Lee MILES, Petitioner-Appellant, v. Jerry STAINER, Warden; James H. Gomez, Director, California Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 17, 1998.

Attorney(s) appearing for the Case

Ann C. McClintock, Asst. Federal Defender, Sacramento, CA, for Petitioner-Appellant.

Robert P. Whitlock, Deputy Atty. Gen., Fresno, CA, for Respondents-Appellees.

Before: WOOD, Jr., HALL, and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

Following a remand from this court, California state prisoner Jimmy Lee Miles appeals the district court's denial of his motion for an immediate order granting habeas relief. We affirm.

I

In Miles' previous appeal, a different panel of this court reversed the district court's denial of habeas relief, holding that the state court had violated due process by failing to conduct a competency hearing before it accepted

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